Not a Great Day in the Election Returns — Perhaps Because 3,000 New Damaged Vote-By-Mail Ballots Appeared

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Rusty Truck with ballots

“HEY, PAW! Th’ truck wit th’ new ballots done come!” [NOTE: This is not how it really happened — we presume.]

[UPDATE, 11/14, 9 a.m. — Spoke to Neal Kelley this morning and he explained that the 3,000 new VBMs listed in the total (which may be joined by about 1,100 others) were “damaged ballots.”  These were VBM ballots that someone spilled coffee on, someone accidentally marked or put a hole through the bar code, etc.   The ballots are saved, but the information is then transferred to a new ballot that can be read by machine.  If the damaged ballot comes in early enough, this transfer takes place in time for it to be counted in the main batch of “late but timely” ballots.  If not, it is done towards the end, when more workers are free from the main processing tasks, and the numbers are added in over the last few days.  So, despite my hilarious graphic with the truck producing late ballots, which some seem to have taken more seriously than intended, the explanation seems benign.  What adding them to the estimate total late does do is screw up the projects of those of us who are trying to separate the effect of more conservative VBM ballots from more liberal provisional ballots.  So at this point, we’re looking at about 6 parts provisions to 1 part VBMs/paper.  All projections will have to be adjusted accordingly.  Or not.]

We were supposed to be DONE with this year’s Vote-By-Mail ballots, move results the wrong way (from OJB’s perspective) — for example, towards Righeimer and away from Hunphrey.  But 3,000 more of them showed up today and 2,736 of them got counted.  This is about a quarter of the roughly 11,000 ballots counted today — and may be, by which I mean hopefully is, responsible for a lack of desired progress in today’s returns.

Total estimated number of ballots to count (after Election Day): 150,305  165,305  177,305 180,305

Total estimated number of ballots counted (after Election Day): 14,765  43,792 79,638 111,235  138,714 148,561 155,556 166,533

Total estimated number of ballots left to count: 135,540  106,513  70,667  54,070 38,591 28,744 21,749 13,772

Total estimated number of vote-by-mail ballots to count: 40,000 43,000

Total vote-by-mail ballots counted: 14,765  40,000 42,736 [2,736 TODAY]

Total estimated number of vote-by-mail ballots left to count: 25,235  0 264

Total estimated number of provisionals to count: 38,513 

Total provisionals counted: 0 5849 12,467 17,552 25,793

Total estimated number of provisionals left to count: 38,513 32,664 26,046 20,961 12,720 [8,741 TODAY]

Total estimated number of vote-by-mail ballots returned at the polls to count: 66,000  81,000 93,000

Total vote-by-mail ballots returned at the polls counted: 0  3,792  39,638  71,235 87,615 90,644 92,554

Total estimated number of vote-by-mail ballots returned at the polls left to count: 66,000  62,208  26,362 9765 5385 2356 446

Total estimated number of election day paper ballots to count: 5792

Total election day paper ballots counted: 0 5250 5450

Total estimated number of election day paper ballots left to count: 5792 542 342

Orange Juice Blog remains Orange County’s newspaper of record on all the close races, although other media outlets beyond our friends at Voice of OC and A Bubbling Cauldron even seem to be catching on to the drama.  We start, perhaps for the last time, with Laguna Woods.  Carol Moore has climbed ahead of Rae Tso by 19 votes for the second seat on the Laguna Woods City Council behind Bert Hack.  Moore picked up 57 today while Tso gained 42.  Moore gaining had been the trend for a while now; I’ll be demoting this one from the top spot tomorrow unless there’s a Tso comeback.

Here are the other headlines:

Costa Mesa: Righeimer now up by 48.
Garden Grove: Bao now up by 11.
Irvine: Fox now down by 220.
Anaheim: Vanderbilt lead down to 206.
Measure J: Now legitimately past 55%.
Measure N: Stalled!

Close Races Collage

Garden Grove

 Yesterday, Bao Nguyen led by 7.

CITY OF GARDEN GROVE Mayor
Completed Precincts: 87 of 87
  Vote Count Percentage
BAO NGUYEN 11,696 42.4%
* BRUCE ALLAN BROADWATER 11,689 42.4%
ALBERT AYALA 4,214 15.3%

Today, Bao leads by 11.

CITY OF GARDEN GROVE Mayor
Completed Precincts: 87 of 87
Vote Count Percentage
BAO NGUYEN 11,766 42.4%
* BRUCE ALLAN BROADWATER 11,755 42.4%
ALBERT AYALA 4,227 15.2%

Another 149 votes were counted.  Broadwater picked up 66 votes (44.3%), Bao picked up 70 (47.0%), and Ayala picked up 13 (8.7%).  Like I said yesterday, but now with more desperate emphasis: chances are good that only provisionals remain — and that’s where Bao has been cleaning up.  The wrong precincts coming in could still take him down, but having momentum plus the lead is exactly where one wants to be.

Costa Mesa

Yesterday, Jim Righeimer led by 37.

CITY OF COSTA MESA Member, City Council
Number To Vote For: 2
Completed Precincts: 70 of 70
Vote Count Percentage
KATRINA FOLEY 9,279 26.5%
* JIM RIGHEIMER 7,468 21.3%
JAY HUMPHREY 7,431 21.2%
LEE RAMOS 5,268 15.0%
TONY CAPITELLI 1,849 5.3%
AL MELONE 1,467 4.2%
RITA LOUISE SIMPSON 1,181 3.4%
CHRISTOPHER SCOTT BUNYAN 1,101 3.1%

Today, Righeimer leads by 48 — but don’t panic.  (Not much, anyway.)

CITY OF COSTA MESA Member, City Council
Number To Vote For: 2
Completed Precincts: 70 of 70
Vote Count Percentage
KATRINA FOLEY 9,338 26.5%
* JIM RIGHEIMER 7,517 21.3%
JAY HUMPHREY 7,469 21.2%
LEE RAMOS 5,302 15.0%
TONY CAPITELLI 1,854 5.3%
AL MELONE 1,470 4.2%
RITA LOUISE SIMPSON 1,195 3.4%
CHRISTOPHER SCOTT BUNYAN 1,107 3.1%

Today saw 206 new votes recorded.  (NOTE: We don’t know how many ballots contained no votes, nor how many people voted for 1 versus 2 candidates.)  Foley came in with 59 new votes (28.6%).  Righeimer received 49 (23.8%).  Humphrey received 32 (15.5%).  Ramos received 34 (16.5%).  Capitelli received 5 (2.4%).  Melone received 7 (3.4%).  Simpson received 14 (6.8%!).  Bunyan received 6 (2.9%).

Two thoughts:

First, I’m not checking to see which precincts are getting updated, but there’s a decent chance that Costa Mesa had a precinct or two with conservative VBM ballots (which we know favored Righeimer) and a decent chance that it had few if any provisional ballots coming in.  People in Costa Mesa, who know the character of the precincts, should be doing that work.

Second, something screwy is going on with these numbers — and I’m not talking about the statistical aberration of Simpson receiving almost 20% more votes than Capeitelli and Melone combined.  (Maybe her home precinct just came in.)  The proportion of Righeimer to Foley votes — a little over 80% — is about what we’ve been seeing all along.  But the proportion of Humphrey to Foley votes, which should also be at about 80%, is instead about 55%.  At first I thought “oh, the Righeimer team may be challenging provisional ballots” — which would explain why Humphrey would be so far down — but that would likely be dragging down Foley’s numbers as well, because you challenge provisional ballots before they are opened rather than challenging individual votes afterwards.  So unless a lot of people bullet-voted Foley, either in VBMs or in provisionals, I simply find this surprising.  And, as a Humphrey supporter, disturbing.

Special bonus thought: I hope that Humphrey has an attorney there at least noting whether and when Righeimer’s’s team in engaging in ballot challenges.  Sometimes one side will challenge ballots in bad faith, or let’s just say using highly exaggerated expectations of a ballot’s illegitimacy, knowing that they will eventually be counted; this may allow them to go into the certification as the leader, which would mean that the other side pays for the recount if they lose.  They need some attorney there not only taking notes, but speaking up in opposition, if anything like that is occurring.

Irvine

Yesterday, Fox trailed Jeff Lalloway by 215

CITY OF IRVINE Member, City Council
Number To Vote For: 2
Completed Precincts: 109 of 109
  Vote Count Percentage
LYNN SCHOTT 16,690 22.9%
* JEFFREY LALLOWAY 16,641 22.8%
MELISSA FOX 16,426 22.5%
* LARRY AGRAN 14,311 19.6%
EVAN CHEMERS 8,900 12.2%

Today, Fox trails Lalloway by 220.

CITY OF IRVINE Member, City Council
Number To Vote For: 2
Completed Precincts: 109 of 109
  Vote Count Percentage
LYNN SCHOTT 16,785 22.9%
* JEFFREY LALLOWAY 16,730 22.8%
MELISSA FOX 16,510 22.5%
* LARRY AGRAN 14,385 19.6%
EVAN CHEMERS 8,952 12.2%

Another 394 votes were counted.  Schott picked up 95 (24.1%).  Lalloway picked up 89 (22.6%) for the second straight day.  Fox picked up 84 (21.3%).  Agran picked up 74 (18.0%).  Chemers picked up 52 (13.2%).  Is Fox running out of time?  Right now, that seems pretty likely.  If this included VBMs and not provisionals — and Agran’s low number suggests that this is possible — then she did pretty well.  If it didn’t have VBMs or had a decent number of provisionals, then her late charge looks like it will stall.  Even if Irvine has 1000 provisionals out of what’s left, picking up 220 votes on Lalloway seems highly unlikely.  (If they’re mostly UCI students — then it’s possible.)

Measure J

Yesterday, the Measure J bond (which needs 55% to pass)  0.54979995357% of the vote — but strong momentum.

J-North Orange County Community College District, Fullerton/Cypress Colleges Bond Measure
Completed Precincts: 522 of 522
  Vote Count Percentage
Bonds – Yes 80,527 55.0%
Bonds – No 65,939 45.0%

Today, it finally broke through:

J-North Orange County Community College District, Fullerton/Cypress Colleges Bond Measure
Completed Precincts: 522 of 522
  Vote Count Percentage
Bonds – Yes 82,060 55.1%
Bonds – No 66,968 44.9%

Another 2298 votes were counted.  The Yes side added 1533 votes (59.84%).  The No side added 1029 votes (40.16%).  That’s not the pace we saw yesterday, when Yes had 64.32%; this probably reflects some of those VBM ballots diluting the advantage for Yes in provisionals.  Yes is now winning with 55.063%.  That’s not a safe margin.  It could be that all of the 710 VBMs are from North County and none of the 12,720 provisionals are.  But is that likely?  No, that is very unlikely. 

Anaheim

Yesterday, James Vanderbilt led Gail Eastman by 220 votes.

CITY OF ANAHEIM Member, City Council
Number To Vote For: 2
Completed Precincts: 147 of 147
Vote Count Percentage
* KRIS MURRAY 16,122 20.7%
JAMES D. VANDERBILT 15,474 19.9%
* GAIL EASTMAN 15,254 19.6%
JOSE F. MORENO (1) 11,424 14.7%
DOUG PETTIBONE 7,267 9.3%
JERRY O’KEEFE 6,212 8.0%
DONNA MICHELLE ACEVEDO 3,167 4.1%
JOSE MORENO (2) 2,941 3.8%

Today, Vanderbilt leads by 206 votes.

CITY OF ANAHEIM Member, City Council
Number To Vote For: 2
Completed Precincts: 147 of 147
Vote Count Percentage
* KRIS MURRAY 16,190 20.7%
JAMES D. VANDERBILT 15,528 19.9%
* GAIL EASTMAN 15,322 19.6%
JOSE F. MORENO (1) 11,497 14.7%
DOUG PETTIBONE 7,299 9.3%
JERRY O’KEEFE 6,234 8.0%
DONNA MICHELLE ACEVEDO 3,180 4.1%
JOSE MORENO (2) 2,965 3.8%

Anaheim counted 354 new votes, compared to 1559 from yesterday.  Murray picked up 68 (19.2%), Vanderbilt 54, (15.2%) Eastman 68 (19.2%), Dr. Moreno 73 (20.6%), Pettibone 32 (9.0%), O’Keefe 22 (6.2%), Acevedo 13 (3.7%), and JoJo Moreno hitchhiked to 24 (6.8).  By the time we’re done, we’re going to have a pretty decent estimate of how much Fake Moreno hurts Real Moreno — or in this case perhaps pro-Moreno voters who are confused play it safe and vote for both of them.  An intensive influx of Vanderbilt-averse provisionals out of the 12.720 remaining could still pull this out of the fire for Eastman, but today didn’t help those efforts.  (At least she got the same number of votes from Murray — I guess that these weren’t the people who were told not to vote for her.)

Measure N

Yesterday we had: Yes, 21,262, 49.8%; No, 21,427, 50.2%.
Today, we have: Yes, 21,379, 49.8%; No, 21,508, 50.2%.

So that’s an increase of 198 votes.  Recent history: Monday, Measure N was down by 341.  Tuesday, it was down by 289.  Wednesday, it was down by just 165.  Today, it’s down 129.  The Yes side added 117 votes; the No side added just 81, for a net gain of 36.  Yes is getting 59.1% of the vote; it’s not going to be stopped unless Anaheim stops getting new votes — which is unlikely.

Others

Some other close races so still exist, but in none of them (except maybe Dana Point) does the challenger seem likely to catch up due to provisional ballots.  For the record, though, you could keep an eye on:

  • Art Montez by 123 126 (0.7%) over Kevin Sequeira in Centralia School District
  • Jim Cunneen by 88 79 83 (0.3%) over Gary Stine in Fountain Valley School District
  • Cynthia Aguirre by 132 181 (0.9%) over Kevin Jacobson in La Habra City School District (as Hanson overtakes MacMurray for 1st.)
  • Joe Muller by 64 57 (0.3%) over Jodi Payne for Dana Point City Council
  • Measure K (Orange School Bond) up to 54.46071% from 54.32024% on 515 new votes.
  • Satoru Tamaribuchi by 1,367 1,387 (2.2%) over Execrable Dave Ellis for Municipal Water District of Orange County, Seat 5

(That last one isn’t really a close race; we just like rubbing it in.)

About Greg Diamond

Somewhat verbose attorney, semi-disabled and semi-retired, residing in northwest Brea. Occasionally ran for office against jerks who otherwise would have gonr unopposed. Got 45% of the vote against Bob Huff for State Senate in 2012; Josh Newman then won the seat in 2016. In 2014 became the first attorney to challenge OCDA Tony Rackauckas since 2002; Todd Spitzer then won that seat in 2018. Every time he's run against some rotten incumbent, the *next* person to challenge them wins! He's OK with that. Corrupt party hacks hate him. He's OK with that too. He does advise some local campaigns informally and (so far) without compensation. (If that last bit changes, he will declare the interest.) His daughter is a professional campaign treasurer. He doesn't usually know whom she and her firm represent. Whether they do so never influences his endorsements or coverage. (He does have his own strong opinions.) But when he does check campaign finance forms, he is often happily surprised to learn that good candidates he respects often DO hire her firm. (Maybe bad ones are scared off by his relationship with her, but they needn't be.)