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Attachement 2. Proposed response to the Santa Clara County Civil Grand Jury TOWN OF LOS GATOS OFFICE OF THE TOWN COUNCIL (408) 354-6801 Council@LosGatosCA.gov December 21, 2022 The Honorable Beth McGowen, Presiding Judge Santa Clara County Civil Grand Jury Superior Court Building 191 North First Street San Jose, CA 95113 RE: Response to the Santa Clara Civil Grand Jury Report on “If You Only Read the Ballot, You’re Being Duped” Dated October 7, 2022 Dear Presiding Judge McGowen, The Town would like to thank the Grand Jury for its work on this important topic. Enclosed please find the Town’s response to the Santa Clara Civil Grand Jury Report on “If You Only Read the Ballot, You’re Being Duped.” The response was reviewed and approved by the Los Gatos Town Council on December 20, 2022. The Town is required to respond to one Finding and three Recommendations. The attached document contains the Town’s responses to the Finding and Recommendations. In summary, the Town partially agrees with Finding 1 but does not anticipate implementing the Recommendations due to concerns that the Recommendations are not reasonable. If you have any questions, please contact me at Council@LosGatosCA.gov or (408) 354-6801. Sincerely, Rob Rennie Town of Los Gatos Mayor Enclosure cc: James Renalds, Foreperson, 2022 Civil Grand Jury Clerk of the Santa Clara County Superior Court ATTACHMENT 2 Town of Los Gatos Response to Grand Jury Report on Ballot Questions Finding 1: The Civil Grand Jury finds that in the current environment, which is unregulated at the local level, it is easy for the author of a ballot measure question to write the question in a way that is confusing or misleading to voters. Response: The Town partially agrees with this Finding. The Town agrees with the portion of the Finding stating that ballot measure questions can be confusing or misleading. The Grand Jury Report itself provides two examples of this Finding. However, with regard to local ballot measures, the Town disagrees with the finding that ballot measures are unregulated. The California Elections Code clearly sets the expectation that ballot materials should be true and impartial in a manner that does not create prejudice or serve as an argument for or against the proposed measure. In city government, ballot questions are prepared by the city attorney and the city attorney is responsible for drafting ballot questions that are clear to voters. Ballot measures and ballot questions are reviewed at Town Council meetings before submission to the County Registrar of Voters, which provides the community with a direct opportunity to comment on the proposed wording. Recommendation 1b: Governing entities within Santa Clara County should voluntarily submit their ballot questions to the County Counsel for review prior to submission to the Registrar of Voters, unless and until Recommendation 1d is implemented. Response: As noted in the Grand Jury report, the California Elections Code does provide an option for recourse if a ballot question falls short of the requirements set forth in State law. If the existing recourses in State law are not working, the solution is to propose amendments to State law. In addition, the Elections Code contains tight timelines and it is not feasible to build in review time by a separate agency. The Town will occasionally need to add measures on the ballot quickly in order to respond to time-sensitive issues. Also, the Town will occasionally receive proposed ballot measures as a result of an initiative or referendum. If sufficient signatures are gathered on an initiative or referendum petition, State law requires the Town to place the measure on the ballot at the next regular municipal election. There may be instances in which the Town does not have time to seek County review of a proposed ballot question. In addition, the Town believes that local agencies are the most familiar with the content of Town- sponsored ballot measures and therefore the best-equipped to draft those ballot questions. The recommendation will not be implemented, because it is not warranted or reasonable. Recommendation 1c: Governing entities within Santa Clara County should, by March 31, 2023, adopt their own resolution or ordinance to require submission of their ballot questions to the County Counsel for review prior to submission to the Register of Voters, unless and until Recommendations 1d and 1e are implemented. Response: Please see the Town’s response above. The recommendation will not be implemented, because it is not reasonable. Town of Los Gatos Response to Grand Jury Report on Ballot Questions Recommendation 1e: Governing entities within Santa Clara County should submit their ballot questions for review by the Good Governance in Ballots Commission pursuant to Recommendation 1d. Response: Please see the Town’s response above. The recommendation will not be implemented, because it is not reasonable.