RECENT CALIFORNIA DECISIONS

May 2009

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First District Holds that Ballots In Storm Drainage fee Elections Must Be Kept Confidential
Greene v. Marin County Flood Control and Water Conservation District, ___Cal.App.4th___

On March 11, 2009, the California Court of Appeal, First Appellate District issued an opinion concluding that the secret ballot law plays a powerful role in Proposition 218 elections on fee or charge increases. Relying on the California Constitution provision, which mandates that voting be “secret,” the court held that ballots must be confidential during any election in which voters are asked to approve or disapprove new or increased property-related fees and charges. The court also held that a district must inform voters “that their votes would remain confidential both before and after tabulation of the ballots.”