Orange County Register

William Denis Fitzgerald has earned a reputation as - how shall we say it? - a Colorful Character….A Thorn In the Side of the Powerful.  He dubbed Anaheim’s Curt Pringle “a silver-tongued devil” when he challenged Pringle for the mayor’s seat, then took on the “Disney candidate” for the Anaheim Union High School Board.

Fitzgerald lost both elections. But, in the aftermath of February’s school board faceoff, he has scored a victory in Small Claims Court, which sheds light on our free and fair electoral process. It could also open a can of worms for the financially-strapped County of Orange.

WORDS COST MONEY!

You know those Voter Guides with the ”candidate’s statements” that land in your mailbox before Election Day? They are not exactly provided gratis by the good County; rather, the candidates statements are paid for by the candidates themselves.

And some pay quite handsomely. In the June election:

• A candidate for Superior Court judge had to cough up $41,408 up front;
• A candidate for Orange County Supervisor had to pay more than $10,000;
• While other candidates paid between $1,550 and $6,000 to publish their statements.

These are estimates, according to the Orange County Registrar of Voters; actual costs are computed after the election, and refunds are usually given. (The judge candidate’s refund, for example: Nearly $22,000).

But that’s not how it worked out for Fitzgerald, a conservative activist with Anaheim HOME (Homeowners Maintaining their Environment). He paid $1,617 up front for his candidate’s statement; and a few weeks after the election, the Registrar billed him for another $642.

He asked for an accounting of these costs. And there the conflict began. 

MEANINGLESS ‘FLUFF’

Fitzgerald peppered the Registrar with 15 letters under the California Public Records Act, trying to understand how the Registrar arrived at its figures. The county “delayed, avoided, obstructed and then sent copies of hundreds of unrelated documents and other ‘fluff,’” charging him 15 cents per page, “and never delivering the documents requested,” he said in court papers.

In October, Fitzgerald sued the county in Small Claims Court.

Shortly thereafter, the Registrar refunded him $98.

Still, Fitzgerald pressed on. ”The judge asked me how much I wanted, and I said it wasn’t a matter of money - I wanted them to stop the false accounting,” Fitzgerald said. “They should do the accounting correctly.”

High upfront costs, he fears, prevent people from running for office.  

FINALLY, (A SMALL) VICTORY

This time, Fitzgerald won - getting $543.62  from the county, plus $60 in court costs. “We made this known,” he said. “Maybe they will correct it.”

Registrar of Voters Neal Kelley doesn’t feel there’s anything to correct. ”We’ve looked at our accounting figures, we’ve had auditors look at our accounting figures, and they’re on the money. We stand by our numbers,” Kelley said.

The spread between estimate and reality - say, the $41,000 upfront charge for the Superior Court Judge post, and then the $22,000 refund - is because so many unknowns  are at work. The estimate is based on having, say, two candidates in the race; but when three actually run for the office, then the cost per candidate comes down, and then there’s a refund.

If fewer people run than were originally estimated, well, the cost goes up.

Given the county’s current situation - $32 million or so in the hole - it’s hoped that other past candidates do not similarly challenge the Registrar’s accounting.

For an eye-opening glimpse of how much candidates’ statements cost in the November election - and for the Registrar’s explanation of how it arrived at those estimated costs - look below. It’s all in the Registrar’s November 2008 Candidate Handbook,

Who ever said democracy came cheap?

DEPOSIT AMOUNT REQUIRED FOR SCHOOL DISTRICT
CANDIDATE’S STATEMENT OF QUALIFICATIONS

 
COMMUNITY COLLEGE DISTRICTS                     200 word statement
Coast Community College District                           $5,681
North Orange County Community College District    6,027
Rancho Santiago Community College District           3,957
South Orange County Community College District    7,114

HIGH SCHOOL DISTRICTS

Anaheim Union High School District                         1,547
Fullerton Joint Union High School District                2,526
Huntington Beach Union High School District          3,481

UNIFIED SCHOOL DISTRICTS

Brea Olinda Unified School District                          1,515
Capistrano Unified School District                           3,602
Garden Grove Unified School District                       2,867
Irvine Unified School District                                   2,323
Laguna Beach Unified School District                      1,526
Los Alamitos Unified School District                       1,673
Newport-Mesa Unified School District                    2,558
Orange Unified School District                                2,562
Placentia-Yorba Linda Unified School District         2,277
Saddleback Valley Unified School District               2,715
Santa Ana Unified School District                            2,186
Tustin Unified School District                                 1,988

ELEMENTARY SCHOOL DISTRICTS

Anaheim City School District                                  2,091
Buena Park School District                                      1,514
Centralia School District                                         1,589
Cypress School District                                           1,571
Fountain Valley School District                               1,685
Fullerton School District                                         1,961
Huntington Beach City School District                    1,937
La Habra City School District                                  1,547
Lowell Joint School District                                     1,369
Magnolia School District                                         1,570
Ocean View School District                                     1,915
Savanna School District                                          1,440
Westminster School District                                   1,810

DEPOSIT AMOUNT REQUIRED FOR SPECIAL DISTRICT
CANDIDATE’S STATEMENT OF QUALIFICATIONS

 
SPECIAL DISTRICTS                                           200 word statement
Capistrano Bay Community Services District      $ 1,290
Emerald Bay Service District                                  1,298
Rossmoor Community Services District                1,397
Surfside Colony Community Services District       1,292
Three Arch Bay Community Services District         1,298
Serrano Water District Division 2                           1,302
Division 3                                                              1,304
Division 5                                                              1,304
Silverado-Modjeska Recreation and Park District  1,301
Costa Mesa Sanitary District                                  1,939
Midway City Sanitary District                                 1,936
Sunset Beach Sanitary District                                1,301
Surfside Colony Storm Water Protection District    1,292
El Toro Water District                                             1,667
Irvine Ranch Water District                                     3,216
Moulton Niguel Water District Division 1               1,465
Division 3                                                               1,497
Division 5                                                               1,438
Division 6                                                               1,453
Division 7                                                               1,404
Santa Margarita Water District                                2,265  
East Orange County Water District                         1,747
Rossmoor/Los Alamitos Area Sewer District          1,458
Mesa Consolidated Water District Division 1          1,396
Division 2                                                               1,404
Division 3                                                               1,424
South Coast Water District                                     1,547
Trabuco Canyon Water District                               2,261
Yorba Linda Water District                                     1,795
Orange County Water District Division 2               2,499
Division 3                                                              2,552
Division 4                                                              2,676
Division 6                                                              2,747
Municipal Water District of Orange County Div 3  3,403
Division 4                                                              3,490
Division 6                                                              3,101
Division 7                                                              3,431
Buena Park Library District                                    1,702
Placentia Library District                                       1,598

 
NOTE: Candidate Statement cost estimates are calculated using the following assumptions: two candidates per contest, two 200 word statements per contest, 10% increase in voter registration prior to the printing of the sample ballots. They are based on registered voter counts from May of 2008. Since the actual costs are based on the actual number of candidates and length of statements, the following must be considered an estimate. If more candidates prepare statements for the same office, the actual cost per candidate will be less than the deposit amount. If only one candidate prepares a statement for an office, the actual cost of the statement will be significantly higher.

The actual cost of the statement may also be higher due to increases in sample ballot production costs and printing and the translation into four required languages countywide, as required by federal law. Although the Registrar of Voters attempts to make the closest possible estimates, there are often either increases or decreases in costs for a particular contest. Bills, if any, or refunds will be made within thirty (30) days of the election.

If a candidate’s contest does not appear on the ballot (due to being a contest whose candidates may be appointed in-lieu of election if the number of candidates nominated does not exceed the number of candidates to be elected from that district), his/her candidate statement payment will be refunded.
A candidate may withdraw his/her Candidate’s Statement of Qualifications by signing and submitting a cancellation notice to the Registrar of Voters no later than 5:00 p.m. of the next working day after the close of the nomination period.

More Watchdog:

• Are elections purposefully avoided at Irvine Ranch Water District?
• Union executive’s paycheck rivals that of county supervisors
• Employee union at center of county tussle saw fortunes rise
• The Pink Slips Cometh
• Did OC Supervisors really need $326,000 remodeling project?
• Horns will lock over county layoffs
• On county layoffs and budgets and crystal balls
• ‘Preferential treatment’ helped military charity’s fortunes to skyrocket
• UCI study: ‘Egregious example of wasteful spending’
• AIG burns through bulk of bailout billions
• Before he was on D.A.’s staff: Spitzer was lawyer for indicted Broadcom billionaire
• No more free tickets, but OC Fair turns the other cheek
• Of giving and getting taken
• A kinder, gentler, ambitious Irvine - pockets bulging with cash
• Firestorm over displaced kettle promises Hollywood ending
• Nuclear regulators: Concerns over San Onofre remain
• Generosity waned in OC even as incomes grew, IRS figures show
• Snowball Express goes squeaky clean after shaky start
• Amnesty International: Tasers too lethal for police use
• County workers get 800 job cuts, supervisors get remodels
• Victimized twice? State crime victims program spends oodles on itself
• Trustees delay vote on whether to raise their own pay 67%
• Parking ticket purgatory ensnares Tustin man - over car he no longer owns
• Splish, Splash, You’re Taking A Bath
• Free, cool stuff! OC Archives’ generosity irks history buffs
• AIG to OC workers: Thanks for the bailout, happy holidays, you’re fired

You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.