A ballot reader at an Orange County vote center during the Nov. 8, 2022 election.
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Jill Replogle
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LAist
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Topline:
Tuesday is the final day for constituents of Santa Ana Councilmember Jessie Lopez to vote on whether she should remain in office. The outcome of the controversial recall — which is mired in legal dilemmas — could determine whether Orange County's second-largest city continues to lean in favor of policies like rent control and police oversight, or does an about-face.
Why is Lopez facing recall? Recall supporters are unhappy with Lopez's voting record in favor of rent control and curbs on police power.
What do Lopez's supporters say? Lopez's supporters say her actions on the city council have led to greater police oversight and helped low-income residents fight unjust evictions and steep rent hikes.
Tuesday is the final day for constituents of Santa Ana Councilmember Jessie Lopez to vote on whether she should remain in office. The outcome of the controversial recall — which is mired in legal dilemmas — could determine whether Orange County's second-largest city continues to lean in favor of policies like rent control and police oversight, or does an about-face.
Santa Ana Recall: Quick Guide For Voters
Voters in Santa Ana's Ward 3 are eligible to vote in the Nov. 14 recall election.
Not sure which ward you're in? Check your address against the city's interactive map.
A “yes” vote means Lopez will be removed from office and the city council will have to decide whether to appoint a replacement or hold another special election for a candidate who would serve out the rest of her term, through November 2024.
A “no” vote means Lopez will remain in office to serve out the rest of her term.
The recall is primarily backed by the Santa Ana Police Officers Association, which has spent more than $500,000 on the recall effort since January. Real estate groups have also kicked in at least $223,000 for the effort, including $100,000 from the National Association of Realtors.
Tim Rush, a real estate executive who chairs the recall campaign, cited Lopez's voting record in favor of rent control and cutting the police budget as primary reasons for the recall. Rush told LAist that Lopez's politics were "very, very liberal" and that she had an "anti-business sort of philosophy."
"[Lopez] wants to portray it that it's the corrupt police union [funding the recall effort]," Rush said. "But that isn't, by any means, all of it. … The money that's poured into this campaign has a lot to do with business owners and property owners who are upset over rent control."
Santa Ana is the only city in Orange County with a rent control ordinance. Its policy restricts rent increases to 2.54% through the end of August 2024. A handful of cities in L.A. County also cap rent increases under 3%.
Santa Ana Councilmember Jessie Lopez was elected in 2020 to represent the city's Ward 3.
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City of Santa Ana
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What do her supporters say?
Lopez's supporters say her actions on the city council have led to greater police oversight and helped low-income residents fight unjust evictions and steep rent hikes. She has also noted that she voted in favor last year of increasing the number of police officers by 24 positions.
Lopez's effort to fight the recall is backed by community members, local Democratic leaders, including county Supervisor Vicente Sarmiento, and several unions. These include the United Food and Commercial Workers, which has contributed close to $25,000.
In all, Lopez has raised around $200,000 to fight the recall.
Hairo Cortes, executive director of the Latinx youth advocacy group Chispa, said if Lopez loses her seat on the Santa Ana City Council, it could also mean the end of the council majority that championed policies like rent control, for which his group has advocated for years.
"It really is about losing the gains that the community has made if this recall were to be successful," Cortes told LAist.
You can hear more from Lopez and supporters here and here.
What are the legal issues with the recall?
A couple of weeks ago, the Orange County Registrar of Voters made a late discovery that the recall election was based on bad data.
Specifically, the city used population data and geographic boundaries from Lopez's current district when it should have used information from when voters first elected her in 2020, before redistricting took place.
Using the correct data, the registrar determined that the recall petitioners didn't actually collect enough signatures to trigger an election. And nearly 1,200 voters who should be able to vote didn't get ballots.
A Santa Ana voter who said they should have gotten a ballot filed a legal complaint asking for an injunction. But an O.C. Superior Court judge denied that request last week and said he won't make a ruling until after the election.
So, the election is going forward according to its original parameters.
Lopez told LAist she and her legal counsel are still considering options for challenging the election. And she noted that she and her supporters already have one previous legal claim pending in which a supporter alleged that recall proponents were lying to voters to get their signatures for the recall petition.
"This election is not about me anymore. The issues are so much bigger," Lopez told LAist last week. "The voters need to make a decision who they really want to represent them, special interests that push policies that harm working class people, or people who were born and raised in this city who are always willing to listen to their concerns."
Who gets to vote?
Lopez is encouraging constituents who didn't get a ballot to request a provisional ballot and vote.
It's unclear whether those ballots would be counted — O.C. Registrar Bob Page told LAist last week he intends to administer the election based on the current district boundaries and voter population initially approved by the city. That means voters who live in the city's current Ward 3.
