Photo: FLLewis/Media City G -- Burbank City Hall at 275 East Olive Avenue.
Thursday, April 21, 2011 was full of surprises. Suddenly, Burbank resident George Marciniw made a run for the hills; just a day after filing a labor intensive and all important recount request with the election watchdog group, Protect California Ballots, at the City Clerk’s Office.
The organization’s founder, Judy Alter, remained true to the cause of reviewing the entire city council run-off to see how the Burbank mail-in ballot system had worked or failed. Alter didn’t bail out or run from this difficult process. It was an extraordinary opportunity to learn some invaluable information about that system. I volunteered to be Marciniw’s replacement. Here’s my letter.
April 21, 2011
Margarita CamposBurbank City Clerk
275 East Olive Avenue
Burbank, CA 91502
Dear Margarita,
As you know, Burbank resident George Marciniw has withdrawn his name from the request for a recount in the Burbank City Council Election on April 12, 2011. When I became aware of Marciniw’s decision this morning, I offered to take his place as a Burbank resident requesting this recount.
I think this recount will answer a lot of lingering questions about the mail-in ballot system for many voters here in Burbank.
Sincerely yours,
Fronnie
I had read Marciniw’s personal withdrawal letter and was not sure I was required to write a letter to the city clerk. I asked Alter to check with a state official, which she did. By the time the e-mail arrived, however, I had decided to drop off a letter at the City Clerk’s Office.
Judy,
I cannot give you legal advice. I suggest that any person planning to request a recount read the relevant Elections Code sections carefully and personally take the required actions. Please not(e) that “contest” has a distinct legal meaning in the election setting and is not the same thing as a recount, nor is a request for a recount a “protest.”
Lowell Finley
Chief Counsel
Office of the Secretary of State
(916) 653-7244
(916) 654-4666 direct
Lowell.Finley@sos.ca.gov
###
BTW: “Contest” and “Protest” are repeatedly used by the City Clerk’s Office in connection with this recount request — apparently the errors are in the Burbank election code.
