County outlines unwieldy options for replacing Scrivner

Following weeks of hearsay and heated debate, discord between Kern’s elected leaders and the public took a productive tone Tuesday as the county counsel outlined potential paths by which Supervisor Zack Scrivner may vacate office early — and the steps constituents may take to replace him.

The drama surrounding Scrivner’s 2nd District seat, which stretches from southern Kern to the Tehachapi Mountains, has played out in fits and starts since the supervisor was accused of sexually assaulting one of his children last month. Residents have frequented county board meetings, calling for his resignation.

“It has been one month since these allegations and yet there hasn’t been any arrest or any updates given to the community which he represents,” said Armando Garcias, with Kern County Young Democrats.

As of Tuesday, the California Attorney General’s Office — which interceded in the case due to Scrivner’s family relation to Kern County District Attorney Cynthia Zimmer — said it is still reviewing an investigation it noted was completed by the Kern County Sheriff’s Office. Scrivner’s attorney, H.A. Sala, has denied any wrongdoing by his client and announced on May 8 that Scrivner was on a medical leave of absence “until further notice.”

Clutching a thick packet of notes, County Counsel Margo Raison detailed 14 ways in which Scrivner may leave office — from death to debilitating illness, commitment to a ward or conviction of a crime, among others.

Of these, two options were within the public’s control: a local recall of his seat, or a “quo warranto” proceeding.

The latter is a special form of legal action, whereby a local “relator” would seek permission from the state Attorney General’s Office to challenge a public official’s eligibility to hold public office, based on findings the person is physically or mentally unfit to hold it. It’s a

“cumbersome” process, Raison said, strung together by various timelines and requirements filed by a legally represented private party or local agency that has obtained the attorney general’s consent.

In a successful quo warranto, the attorney general would give the green light to sue the supervisor and oust him from his seat.

Alternatively, registered voters in the district could choose to initiate a recall attempt. But as the attempt to recall Gov. Gavin Newsom showed, this is a confusing process and costly — nearly $300 million agreed upon by California lawmakers.

Since the local office has less than 100,000 registered voters, the minimum number needed on the notice of intention is 30, “or equal to three times the number of signatures required to have been filed on the nomination paper of the officer sought to be recalled, whichever is higher.”

A recall in the district would require signatures equal to 15% of the district’s registered voters. In this case, that’s roughly 14,130 signatures. Officials guessed this would take at least six months, as there is a network of deadlines, paperwork and local orders required along the way.

And unlike the Newsom recall, a local recall would not allow for voters to pick a successor on the ballot.

Both routes, to the ire of many Kern Republicans, allow for Newsom to appoint a temporary successor to the seat, from the moment there is a vacancy. “Once there’s a vacancy, the governor shall fill it,” Raison said.

In the event Scrivner vacates the seat, the process to vote in a new representative is also complicated.

There are specific algorithms that dictate when the county is allowed to hold an election, based on whether the year ends on an even or odd number. Subject to the California secretary of state’s notice, Raision said the next available elections are: Nov. 5, 2024; and March 5 and Nov. 4, 2025. If there are no statewide elections in 2025, Raison said the next available dates would be April 14, 2026, followed by Nov. 3, 2026.

These dates are also subject to whether the seat is vacated in Scrivner’s final year in office. That would move his seat’s race to the regularly scheduled election cycle.

“To walk through a scenario,” Raison began, “if a vacancy were to be created today, and although the March election is over, someone could submit paperwork to pursue the independent nomination process and be placed on the November 2024 ballot.”

Nomination papers must also be submitted to the county Elections Division 88 days prior to the election — by Aug. 9 in order to be on the Nov. 5 ballot. If a vacancy for Scrivner’s seat were to occur on or after Aug. 10, the nomination would go on the next general election ballot.

“Accordingly, the timing of the vacancy determines when an election for a successor is held,” Raison said.

Additionally, Raison noted Scrivner’s monthlong absence from office has not yet begun any timetable that could lead to his vacation of office.

Prior to her presentation, members of the public once again called for Scrivner’s resignation, highlighting what they see as a double standard of law enforcement and favoritism geared toward an influential Kern Republican with powerful family ties.

“Had he been a regular community member like myself, he would have been long gone by now,” said Valerie Pinto, with the Kern County Young Democrats.

Turning his head to the audience while speaking at the podium Tuesday, Charles Shinn assured the board he is “not a Democrat,” but nonetheless wants Scrivner to step down as he has “lost his moral authority.”

Kern resident Vince Maiocco read aloud a letter on behalf of organizers who canceled a town hall scheduled for today at the American Legion Post 26 in downtown Bakersfield. The meeting was canceled last week, citing “political pressures.”

Prefacing with the fact that he’s not affilated with the group, Maiocco requested on their behalf that the county hold an open town hall in the next 30 days.

“This is a formal request to put this matter to a vote, and we would respectfully ask you to provide this forum to our community,” Maiocco read. “We are asking for an opportunity to be heard in an educated and safe, neutral environment.”

Following Raison’s comments, county board Chairman David Couch, who had originally asked Raison to address the matter, said it’s still very early in the investigation. He assured Tuesday’s audience he is not privy to any “special information” on the case.

“We are doing our best to put out information, given the situation that we confront,” Couch said. “But I just think it needs to be noted that it’s very early on in this situation and we have no idea of the outcome.”

Scrivner first served as a field representative from 2002 to 2006 for then-Assemblyman Kevin McCarthy. In 2022, he won reelection to the board with 72.6% of the vote, for a term that ends January 2027.

He is currently ordered to stay at least 100 yards away from his wife and kids, under a protective order based on the abuse alleged last month.