Board rejects urgent agenda item seeking sweep of voter rolls after dispute over 'nonhuman' registrations

The Orange County Board of Supervisors on Sept. 9 rejected a late request to add an emergency agenda item that would have directed the county registrar to identify and remove any nonhuman registrants from voter rolls and report back within seven days.

Supervisor Doug Chaffee, chair of the board, presided over a contentious debate after Supervisors Wagner and Janet Wynne sought to put the item — prompted by news that a dog had been registered and a ballot counted — on the day's agenda. "I move that this item be adopted and moved to our agenda for consideration today," Supervisor Wagner said, arguing urgency because the registrar planned to run the voter file "tomorrow" for the Nov. 4 special election.

County Counsel explained the Brown Act standard for adding a nonagenda item, noting the board could add late business only if two-thirds of members present found an immediate need that arose after the agenda was posted. "So the question before the board...is there a need to take immediate action on this item?" County Counsel said during the exchange.

Opponents said the proposal did not meet that legal test and would inappropriately bypass public-notice requirements. "I don't see how we overcome the first element," Supervisor Vicente Sarmiento said, calling the claim time-sensitive but not an exigent emergency of the type the law contemplates. Supervisor Foley said she had not received adequate staff materials in advance and declined to support adding the item.

Supporters cited recent news reports and the proximity of a special election to press for immediate review. Wynne said staff should cross-check the county's pet license database against voter rolls. "My directive to the registrar is to engage the Orange County Animal Care Agency to pull the Orange County Pet License database and cross reference the list to identify any pets that might also be registered to vote," Wynne said, adding she wanted a report back to the board on outcomes.

After discussion and a roll call on whether to add the item to the agenda, the item did not receive the necessary votes to be added. The chair called the vote and the clerk recorded that the proposal failed to secure the required two-thirds support.

The board instead moved to general public comment. Several public speakers outside the dais pressed broader concerns about election administration and called for administrative changes and, in some cases, resignations.

What happens next: With the supplemental rejected, any new board action on the topic would require either placement on a future posted agenda or a successful motion to add a late item under the Brown Act standard. Separately, speakers and some supervisors said criminal charges were already being pursued by the district attorney related to a specific registration.