Unofficial Ballot Drop Boxes

Written By: Christopher B. Dolan and Casey Hultin

This week’s question comes from Nancy B. who asks:

Q: I have read that there are unofficial ballot drop boxes. How do you know if a ballot drop box is real? And what do I do if I find out later that I dropped my ballot off at the wrong ballot drop box?

A: Dear Nancy,
Great question. You can check online to see the locations of official drop-off boxes in your area at caearlyvoting.sos.ca.gov. The California Secretary of State lists all the official ballot drop-off locations in your area. You can search in any city or county, or search for all drop-off locations within 10 miles of a particular address. The California Secretary of State also lists all services provided at that location (many ballot drop-off locations are also locations for early voting) and the hours during which the services are provided. You may have better luck searching using a specific address. When I searched with my zip code, only four different ballot drop-off locations popped up. When I searched by my address, I found 82 locations within 10 miles of my address (and the first ten options were all closer to my location than the 4 that appeared when I searched my zip code.)

The ballot drop-off locations listed online are updated frequently in the event there is a new official ballot drop-off location.

If you do not see a ballot drop box that you know of on the California Secretary of State website, it is likely an unofficial, unauthorized drop box. If you drop your ballot in one of the unofficial, unauthorized ballot drop-off locations, there is no guarantee that your ballot will be counted. If you have already placed your ballot in an unofficial, unauthorized drop box, and you are concerned whether your vote will be counted, you have a few different options.

You should first check to see if your ballot has already been accepted. You can check this on BallotTrax at california.ballottrax.net by signing up for a free account that shows the status of your ballot. You do not need to sign up prior to dropping your ballot off to receive updates.  BallotTrax has your ballot information already. The website updates quickly and provides updates at different stages. For example, BallotTrax will tell you when your ballot is, “inbound,” and the postal service has indicated that they have your ballot and are returning it to your county elections office. The website also will tell you when your ballot has been received by county election officials and when county election officials have accepted your ballot. If you dropped your ballot off in an unofficial ballot drop-off location more than a week ago, and the website still does not reflect that the postal service is returning your ballot to county officials, that may be cause for concern.

If BallotTrax does not show that your ballot is in route to county officials, and you dropped off your ballot, you should contact your county election officials to ask what they prefer you do, as procedures for a lost ballot vary from county to county. Given we are already less than three weeks away from Election Day, the deadline will have likely passed to receive a new ballot in the mail. Instead, your county will likely ask you to vote via provisional ballot at your local polling place. Provisional ballots are used in situations where a person’s voting status has not been verified for some reason. They are carefully audited to make sure a person casting a provisional ballot is not voting for a second time. Provisional ballots are helpful in situations such as this one where a person is unsure their vote will be counted and wants to be sure they voted.

Christopher B. Dolan is the owner of the Dolan Law Firm. Casey Hultin is an Associate Attorney based in our San Francisco office. Email questions and topics for future articles to: help@dolanlawfirm.com.

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Health and safety measures at the voting booth

By Christopher B. Dolan and Vanessa C. Deniston:

This week’s question comes from Stella M. who asks:

Q: I am interested in volunteering as a poll worker in my county on Election Day, but I am concerned about the health & safety ramifications. Hundreds of people will likely be funneling through polling stations on November 3rd, while we are in the middle of a global pandemic. What steps are being taken to protect the health and welfare of both volunteers and citizens?

A: Dear Stella,

Thank you for your question. Your enthusiasm to volunteer is admirable, as is your healthy respect for the Covid-19 virus. First, you should evaluate if volunteering in person makes sense given your own health. If you are immunocompromised or otherwise fall into a high-risk group, in-person volunteering would pose a considerable risk. If poll working is too great a risk for you, there are a great number of ways to help get out the vote, such as phone banking, ensuring voters have a ride to the polls, helping by talking voters through the mail-in-ballot process, and assisting individuals in obtaining a valid ID.

If you are not in a high-risk category and you want to volunteer in person, the CDC has released guidelines to keep poll workers and citizens safe, though there will always be risk involved. The CDC recommends three strategies in helping reduce risks during the election process.

The first strategy is offering a wide variety of voting options, including: voting by mail, early voting or voting in person. In June 2020, Governor Newsom signed a law requiring counties to drop off mail ballots to every active registered voter, whether or not requested. Counties are also required to open one ballot drop-off location for every 15,000 registered voters 28 days before election day. 

The second strategy is offering longer voting periods through early voting periods and longer operating hours on Election Day. Given the economic effects of the COVID-19 pandemic, venues traditionally used as polling places such as community centers, retirement homes and churches are harder to utilize safely. In August 2020, California Senate Bill 423 was approved giving counties the ability to merge precincts, as long as voter ratios remain intact. These consolidated polling places are required to be open from October 31, through Nov. 2 for at least eight hours each day and from 7 a.m. to 8 p.m. on Election Day.  

The third method involves implementing rigorous safety protocols at polling stations. California’s Secretary of State has set out a number of measures to be taken before volunteers arrive at their assigned polling place as well as while they are volunteering. Poll workers must make every effort to stay healthy prior to service, including engaging in self-screening, temperature and symptom checks, frequent hand-washing and use of hand sanitizer, wearing a face covering, and observing social distancing guidelines leading up to service. 

Once inside the polling place, poll workers should continue to take these safety measures. Polling stations should be configured to ensure traffic flow is conducive to social distancing guidelines and face-to-face interactions are minimized. Check in stations should be placed six feet apart from one another and floor markers should indicate appropriate distances as well as help directional flow. Voting booths should also be placed six feet apart from one another, as well as six feet apart from the check-in desk and scanner. Some sites with limited space may receive plexiglass or other partitions which can block air flow between booths. The scanner station is recommended to be near an exit, preferably at the opposite side of the entrance with an exit through a different doorway. Keeping doors and windows open for extra ventilation is also recommended. 

As a poll worker, you will be tasked with routinely disinfecting commonly used surfaces, such as door handles, pens and voting booth equipment. You will also be guiding voters safely through the physical voting process, which will require maintaining social distancing and giving clear and audible verbal instructions. Poll workers are advised to ask each voter to use hand sanitizer and should not provide the voter a ballot until the hand sanitizer has dried. 

Poll workers should wear a mask at all times and may need gloves, considering that some voters could be asymptomatic. Should a voter arrive without a mask, free masks will be available for use. It is important to know voters cannot be turned away for failure to wear a mask. This may mean poll workers will have to adjust the flow of traffic to ensure the voter is kept as socially distanced from others as possible. One voting booth should be placed further away than others for mask-less voters. Poll workers should offer verbal assurances that the citizen will be allowed to vote, despite not having worn a mask. Should a citizen become hostile or aggressive, poll workers should have an agreed upon phrase to signal a call to security or law enforcement. 

Should you decide to volunteer your time, be sure to review both the CDC guidelines and California State Guidelines for poll workers ahead of your date of service. Good luck, stay safe and we thank you for playing this important role in ensuring a free, fair and accessible election for all Californians.   

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Taking Time Off to Vote IS A RIGHT

This week, Laird E. in Alameda asks:

Q:“I work in construction, and I am often at the worksite for 10-12 hours each day. I often don’t get off work until after 7 p.m. I am afraid that this will not give me time to vote on election day. I don’t feel comfortable mailing my ballot. I want my vote counted right there on election day. Can I use sick time to go to the polls on election day?”

A: Dear Laird,
Thank you for this very important question which affects many workers.  I completely understand that you would prefer to place your ballot in person rather than mailing it. I have good news. The law allows workers to take time off from their position in order to vote and doing so does not require the use of accrued sick leave. 

California Elections Code § 14000 provides employees with the right to take reasonable time off to vote, without loss of pay, if a voter does not have sufficient time outside of working hours to vote in a statewide election. Specifically, the Elections Code states that, “the voter may, without loss of pay, take off enough working time that, when added to the voting time available outside of working hours, will enable the voter to vote. No more than two hours of the time taken off for voting shall be without loss of pay,” and that, “time off for voting shall be only at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed.” Furthermore, if a worker knows, or believes, on the third working day prior to the election, that time off will be necessary to be able to vote on election day, this code states that, “the employee shall give the employer at least two working days’ notice that time off for voting is desired…”

For you, if it appears that you will be at the job site for 12 hours on election day, and will not be off work until 7:00, as you suggested, that may not give you the opportunity to get to the polls to vote. You should notify your employer, in writing, three days prior to election day, that you will need to take time off to vote. You can work out with your employer whether it makes more sense to go to the polls when they open and then come in to work, or to leave early with enough time to get to your polling place.

Employers also need to be aware that for at least 10 days before every statewide election, every employer must keep posted a notice setting forth the provisions of California Elections Code § 14000 so that employees like you are aware of their rights. The notice must be placed conspicuously at the place of work, if practicable, or elsewhere where it can be seen as employees come or go to their place of work. 

Another important aspect of this code is that it would likely be unlawful for an employer to retaliate against you, or any person who made use of these provisions of the Elections Code to vote. We would argue that an employer who terminates an
employee for exercising their right to vote would have engaged in, “wrongful termination in violation of public policy,” a cause of action in a lawsuit available when someone is terminated in violation of a fundamental public policy.  A wrongful termination cause of action provides for recovery of economic damages such as lost wages and benefits, non-economic losses such as anxiety, stress, emotional distress, fear and humiliation and, if the denial was the decision of an officer, director or, “managing agent,” of the employer, even punitive damages. Importantly, since you work in construction, a field with many Union employees, any collective bargaining agreement provision, which seeks to waive an employee’s right to pay for time taken off to vote, has been held by the courts to be against public policy, contrary to express provision of law and invalid.

 

Christopher B. Dolan is the owner of the Dolan Law Firm. Emile A. Davis is a managing attorney in our San Francisco office. Email questions and topics for future articles to: help@dolanlawfirm.com.

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What is the Electoral College and why do we have one?

Written By: Christopher B. Dolan and Matthew D. Gramly

Donald from Belvedere asks:

Q: Is it possible for a candidate to become President of the United States without winning the nationwide popular vote?

A: Dear Donald,

Yes, it is possible. In fact, that has happened twice in the very recent past. Over the last seven presidential elections, the Republican candidate has only won the popular vote a single time, in 2004, yet has become President three times. George W. Bush lost the popular vote in 2000 but became President. He won the popular vote in 2004 and was re-elected.  Donald Trump lost the popular vote in 2016 by more than three million votes yet became President anyway. 

How could this be?  The answer is because we have something in the United States called the Electoral College.  We do not elect presidents based on who won the nationwide popular vote.  Candidates have to win the popular vote in individual states. Once they do, that state’s electors will cast ballots in favor of the candidate who won that individual state. Each state is awarded a number of electors equal to the number of members that state has serving in the House of Representatives as well as their two Senators.  Currently there are 538 electors; 100 for members of the U.S. Senate, 435 for members of the U.S. House of Representatives, and three representing Washington D.C., which is not currently a state. The electors are the people who actually cast binding ballots to elect each President.

It sounds convoluted and seems to be contrary to the ideal of “one person, one vote” but the Electoral College actually dates back to the founding of our nation and is enshrined within the Constitution.

During the late 1700s our founding fathers never intended for the election of a president to be left to whoever won the popular vote of the combined states or colonies that existed at that time. They did not trust the electorate to be wise in making this decision; our founding fathers viewed everyday Americans as unsophisticated, illiterate, and frankly, not smart enough or sufficiently emotionally stable to be trusted with choosing a president. Another concern was that the more populous states (in the north) would overrun the will of lesser populated states (in the south) with every election merely because more people who could vote lived in the north. Remember, back in the late 1700s the only Americans eligible to vote were white adult males who owned property. Women and slaves did not have the right to vote. There were simply more eligible voters in the north than there were in the south and the southern slave states feared a never-ending procession of presidents who were unsympathetic to owning slaves.

At the Constitutional Convention in Philadelphia, PA in 1803, James Wilson, representing Pennsylvania (a non-slave state), proposed that each president be elected by direct popular vote. James Madison (hailing from the slave state of Virginia) countered that the southern slave states would not agree to such a system because the almost 750,000 slaves in southern states at that time couldn’t vote. Describing this, Madison wrote, “The right of suffrage was much more diffusive [i.e., extensive] in the Northern than the Southern States; and the latter could have no influence in the election on the score of Negroes.” He was complaining that southern states would not get a number of votes representative of their actual populations because slaves could not vote – even though those same states were the ones preventing slaves from being able to vote. The southern states, however, received credit for the slaves populating their states when calculating the population to determine the number of Representatives representing each state in Congress. In this calculation, slaves were counted as 3/5 of a person, which is stated in the Constitution. Thus the compromise to protect the slave states’ interests was reached and the Electoral College was formed.

Given this antiquated system, designed at least in part to preserve slavery in the southern states, it is entirely possible for a presidential candidate to lose the nationwide popular vote yet win the Electoral College. Here is how that works currently: Electors are not apportioned equally based on each population, largely because of the Senate. Each state gets two U.S. Senators, regardless of population, and thus at least two electors. Wyoming has a population of less than 600,000 people and has two Senators for a total of 3 electors. California has 40 million people, two Senators, and just 55 electors. 

The Electoral College is not representative of the actual electorate nor was it designed to be when it was formed over 200 years ago. When the Electoral College was created slavery was still legal and practiced by half the country, slaves could not vote, women could not vote. Many argue that it is time for the Electoral College to be abolished. In the age of Black Lives Matter it is difficult, at best, to argue that it should be preserved.

 

Christopher B. Dolan is the owner of the Dolan Law Firm. Matthew D. Gramly is a Senior Associate Attorney based in our San Francisco office. Email questions and topics for future articles to: help@dolanlawfirm.com.

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An Interview with San Francisco’s Senior Associate Attorney: Megan Irish

Today we had the opportunity to virtually catch up with our senior associate attorney, Megan Irish from our San Francisco office. Megan Irish is a determined and experienced advocate for those injured in catastrophic incidents and the loved ones of those who died. In 2018 and 2020, Super Lawyers recognized Megan as a Rising Star among Northern California attorneys.

“Our clients come to us often having suffered terrible, life-threatening injuries,” Megan states. “They need superior and compassionate legal representation. I take great pride in helping our clients navigate the complexities of the legal system, ensuring their story is told and obtaining for them full and timely compensation.”

From case investigation, pre-litigation settlement negotiations, drafting the complaint, fact discovery, preparation of experts, and motions practice to mediation, settlement or trial, Megan excels in all phases of civil litigation. With nearly ten years of litigation experience, Megan has assisted her clients recover over $24.5 million in verdicts and settlements.

At the Dolan Law Firm, Megan has successfully represented clients in a wide range of individual cases, including:

Megan is an active member of attorney organizations dedicated to the preserving access to justice for all members of society and fostering ethics, civility, and expertise in the legal profession, including the Consumer Attorneys of California(“CAOC“), and the San Francisco Trial Lawyers Association(“SFTLA”)

Interview with Megan

Hello Megan, thank you for taking the time to speak to us. How does it feel to be nominated as a Super Lawyer Rising star in 2020?

It is an honor to be recognized by my peers as an attorney worthy of this recognition.

Tell us about your last trial in the Vanderheyden case. You received a Plaintiff’s verdict. Is there a point in time when you just know you are going to win the case? Or does it always feel like its up in the air?

The Vanderheyden case was the first time I sat second chair at a trial. I remember sitting with Mr. Vanderheyden at our very first meeting, working over the years, strategizing on his case, and seeing him through to the end was an amazing experience.  As plaintiff attorneys, we do not have crystal balls and cannot promise anything; putting the case in the hands of the jury was nerve-wracking! I never took for granted that Mr. Dolan was doing an amazing job presenting evidence and eliciting testimony that was clear and strong for our Plaintiff.  I am proud of the Plaintiff’s verdict that was obtained, as it was just and right.  I was also very energized by watching the jury at work. 

What has surprised you the most about trials?

The scheduling aspect of witnesses is amazingly difficult, and even though I’d been told about it, it was like a putting together a jigsaw puzzle without all the pieces, nothing really fits together, but you look at the picture and you figure it out as best you can.  You always want to have a witness ready to put on the stand, and sometimes that means having someone wait all day in the hallway, just in case you need them.  It’s very important to be respectful of the jury’s time and keep a case moving forward. 

As a working parent, do you have any advice to other parents? How do you maintain a work and personal life balance?

Right now, at seven months into sheltering-in-place under the pandemic, my work/life balance is very different.  Traditionally, I did my best to be home for dinner, bath and bedtime, and then I would get back to work after my kids were in bed, as needed.  Having that routine with my kids was really important to me, and knowing I’d carve out daily time for them makes working really hard, or on weekends okay, because you are still developing a strong relationship with them.  Now, I’m sharing my kitchen table “office” with a kindergartner and a third grader. This is a very new norm… I make it work by logging in early or logging back in after bedtime as I need to meet deadlines and move cases forward.  I’m taking it one day at a time.  We also recently got a puppy, and I’m finding that taking him on walks has been really good for me, and its energizing to get your body moving and helps me get things done overall.   

Who inspired you to become a trial lawyer?

I decided in third grade I wanted to be a lawyer.  I had no real idea what that meant then, but I’d made my mind up.  After graduating with my bachelor’s degree in Rhetoric from UC Berkeley, I was encouraged by my boss at the dental office I was working at to go on to law.  Her father had been a lawyer, and even though we had a great working relationship at the office, she pushed me to go after my dream.  I left her office after eight years and went to work at a law firm.

What is something you can share with law students that you wish someone would have told you?

I think law students should work for a law firm before going to law school.  So really, my advice is for pre-law students.  I would recommend taking some time between your undergraduate degree and going on to law school to work in an area of the law you are interested in. Everyone should see first-hand what a law career can look like before committing the time, energy and money to the education.   

What tips would you share with new attorneys who are about to explore your field of work?

Take an anatomy class.  Learning about the body is crucial for any personal injury attorney.

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Inching toward equality for LGBTQ+

By: Christopher B. Dolan and Lourdes DeArmas

Jennifer K. asks: Did Gov. Gavin Newsom just sign into law protection for pedophiles?
Dear Jennifer: No. That is far from the truth.

Pedophiles are not protected under the recently passed California Senate Bill 145. Unfortunately, we are currently living in a reactionary time. We hear something and instead of researching and confirming, we react. Most of the time, our reactions are based on emotion and fear, not logic. As soon as SB 145 was signed into law by Gov. Newsom, Twitter and Facebook were immediately inundated with posts shared thousands of times about how California Democrats “just passed a pro-pedophilia bill” and “they want to protect pedophiles who rape and lure your children” and also: “No felony for having sex with a minors.” #SaveOurChildren started trending on all social media. This is simply wrong!

The fervor over SB 145 clearly exemplifies that there was either an intentional misconstruing of the law in an attempt to mislead and create a reactionary fear, or possibly the fervor came from blatant ignorance and failure to educate oneself. SB 145 has nothing to do with pedophiles and it does not shield predators who rape children. Even in a statutory rape situation, an adult will still be charged with a felony. The legislation merely eliminates anti-LGBTQ+ inequality and actually standardizes the rules about who is required to be on the state’s sex offender registry.

SB 145 is what is called in other states a “Romeo and Juliet law” – and it is limited to consensual relationships that involve non-forcible statutory rape situations and only erases the mandatory registration as a sex offender. Specifically, SB 145 is really a “Romeo and Juliet,” “Romeo and Romeo” and Juliet and Juliet,” type of law. The main point was to protect a young couple who is having consensual sex. Meaning, that neither would have to automatically register as a sex offender. The judge and the prosecutor would have discretion. But SB 145 does not create a new law, it only amends current law to include other non-forcible sexual acts. The cutoff is still 14 years old. The statute does not apply to minors 13 and younger.

Under current California law, vaginal intercourse (specifically penile-vagina) between a minor (14-17 years) and partner within 10 years of age is illegal but does not require mandatory registration as a sex offender. A judge is allowed to decide if the convicted person would be placed on the sex offender registry or not.

This distinction in the law before SB 145, disproportionately targeted LGBTQ+ young people for mandatory sex offender registration, since LGBTQ+ people usually cannot engage in vaginal intercourse. For example, if an 18-year-old heterosexual man has vaginal intercourse with his 17-year-old girlfriend, he can be arrested, charged and convicted of a crime, but is not automatically required to register as a sex offender. The judge is allowed to make that decision. However, if an 18-year-old gay man had sex with his 17-year-old boyfriend, the judge would have been required by law to automatically place the adult on the sex offender registry, regardless of the circumstances.

Therefore, SB 145 only amends current state law to include other types of intercourse such as oral, anal sex and digital penetration. SB 145 eliminates an inequality and discrimination in a sentencing law that has harmed LGBTQ+ youth related to California’s sex offender registry.

To be clear, SB 145 has no effect on the level of crime prosecuted or sentencing for that crime. It only takes away automatic sex offender registration and leaves it up to a judge to make that determination. The laws against sex with minors remain intact. It is still illegal to have sex with a minor under the age of 18.

More importantly, nothing in SB 145 would protect an individual who commits a sex offense against a minor under 14, nor can they take advantage of the discretionary relief provision. Luring a minor for sex is also not protected under this bill. Those types of sex offenders are predatory and would not benefit from the changes in SB 145.

Our state is inching towards equal rights in all forms of laws to LGBTQ+. Unfortunately advances towards equality under the law, such as SB 145, are marred with personal biases and fear mongering.

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People boating under the influence may be held responsible

Written by: Christopher B. Dolan

Today’s question comes from Terry M. from the East Bay: 

Terry M.: “My son was out on a lake boating with some of his friends on Labor Day. Aside from the fact that I am not happy about the fact that there were a bunch of kids hanging around when they should be social distancing, there was alcohol involved. He is over 21 so that’s not the problem.  A number of people were on jet skis. To make matters worse, some of them didn’t have any experience. One of the jet ski owners let an inexperienced friend use his jet ski. As this person was showing off, the kid came in too fast and crashed into my son severely injuring his leg.  He had to go to the hospital and have screws put in place. The police were not called but my son said the kid who hit him had been drinking heavily. What can we do now without there being a police report? We have thousands in bills and my son can’t work.”

Dear Terry: Terry, unfortunately each year we receive numerous calls from people who are injured in boating accidents. These crashes often lead to serious injuries, drownings, mutilation by propellers and in too many cases, death. According to the U.S. Coast Guard, in its 2018 Recreational Boating Statistics Report, there were 633 fatalities nationwide in 2018. In that same period, there were 2,511 recreational boating injuries and 4,291 accidents. Alcohol is the leading contributing factor in fatal boating accidents accounting for 100 deaths or 19% of the total fatalities. 

Several issues arise from your question: drinking, experience and also lending a watercraft to an intoxicated person.

First, the law examines facts and events to see if there was “negligence.” Put simply, negligence is the failure to control yourself, your actions and property, as  a “reasonable person would.”  Often, what is “reasonable” is codified in a local, state or federal law.

Starting in January of 2018, the State of California began phasing in a boater education requirement and California Boater Card (CBC- often referred to as a boating license) requirement. As of January 1, 2020, California Harbors and Navigations Code Section 678.11, requires a boater to be 16 years or older. Any boater 35 years or younger (16-35) must be in possession of his/her CBC to operate any vessel powered by 15 horsepower or more, including personal watercraft (jet skis). From what I gather, the operator didn’t have a license.

Harbors and Navigations Code Section 655 (a) provides that, “No person shall use any vessel or manipulate water skis, an aquaplane, or a similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person.”  Section (b) states: “No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug.”

Section (c) states: “No person shall operate any recreational vessel or manipulate any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood.” Also, Section (f) states: “No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or under the combined influence of an alcoholic beverage and any drug, and while so operating, do any act forbidden by law, or neglect any duty imposed by law in the use of the vessel, water skis, aquaplane, or similar device, which act or neglect proximately causes bodily injury to any person other than himself or herself.”

Here it appears that the operator violated Harbors and Navigations Code Sections 655 and 678.11. Note that Section 655, subsections (b) and (f), do not require a determination of a blood alcohol limit, only a showing of being under the influence which can be demonstrated by testimony of witnesses. Therefore, while a police report would have been helpful, it is not necessary. The driver is, therefore, negligent.

Although the driver is negligent, he may not have any insurance. If he has personal assets they may be attached, following a trial, to satisfy any monetary award. Here, however, it appears that the owner of the jet ski, knowing the operator’s inexperience and that he had been drinking, is potentially liable for, “negligent entrustment,” of his jet ski, and, if he has insurance on the jet ski, it may pay for your son’s medical bills, lost wages, and the pain and/or disfigurement he has suffered. 

Have your son contact a trial lawyer, with experience in boating accidents, to get a consultation.

 

Christopher B. Dolan is the owner of the Dolan Law Firm. Email questions and topics for future articles to: help@dolanlawfirm.com.

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With Election Day coming, here’s how to vote in California

Written by: Mari Bandoma Callado and Christopher B. Dolan

Billy S. asks:

Q: “I have seen many terms like provisional, mail-in and in-person voting. It’s all very confusing. Can you explain what this all means?”

A: Thank you for your question Billy. In order to fully participate in our democracy, we encourage all eligible voters to exercise the right to vote in local, state and national elections.

Election day is Tuesday, Nov. 3, 2020. This year, all of California’s registered voters will be mailed a ballot no later than 29 days prior to Election Day per Gov. Gavin Newsom’s Executive Order N-64-20. Due to the COVID-19 pandemic, this is an unprecedented election and new voting location rules are in place should some voters still choose to participate in-person.

This article will discuss how to register to vote in the Nov. 3, 2020 General Election, explain what a provisional ballot is, how to vote by mail, where to find information on how to vote early and in-person.

Eligibility
To register to vote in California, you must be a U.S. citizen and a resident of California. You must be 18 years or older on Election Day. For information on eligibility if an individual has a criminal history or subject to conservatorship, click here.

How to register
To check if you’re registered to vote, click here. To register online, you can fill out this online application. The application is available in several languages including English, Spanish, Chinese, Hindi, Japanese, Khmer, Korean, Tagalog, Thai and Vietnamese. You can also register to vote using the California voter registration form or obtain a form at your local library, U.S. Post Office, or Department of Motor Vehicles offices. Note that your registration must be postmarked or submitted electronically no later than Oct. 19, 2020 to participate in the Nov. 3, 2020 election.

What is a provisional ballot?
If you miss this deadline to register, you may conditionally register to vote and cast a provisional ballot by visiting your county elections office, a vote center, or a designated satellite location during the 14 days prior to, and including Election Day. For more information, click here.

A provisional ballot is a regular ballot that is placed in a special envelope prior to being put in the ballot box. Your provisional ballot will be counted after election officials have confirmed that you are registered to vote in that county and you did not already vote in that election. To check the status of your provisional ballot, click here for a list of county contacts and information on how to check the status of your provisional ballot.

How to vote by mail
All registered voters will be sent a vote-by-mail ballot for the Nov. 3, 2020, General Election and registered voters do not have to apply for a vote-by-mail ballot for this election. Instead of going to the polls on Election Day, you may vote using the vote-by-mail ballot that will be sent to you. After you vote, insert your ballot in the envelope provided and you have several options to return your voted ballot:

  1. Mail it to your county elections official (must be postmarked on or before Election Day and received by your county elections office no later than Nov. 20, 2020);
  2. Return it in person to a polling place or the office of your county election officials (note that vote-by-mail ballots that are personally delivered must be delivered no later than 8 p.m. on Nov. 3, 2020;
  3. Drop off your ballot in one of your county’s ballot drop boxes (no later than 8 p.m. on Nov. 3, 2020);
  4. Authorize someone to return the ballot on your behalf (must fill out the authorization section found on the outside of your ballot envelope).

For a list of county elections offices, visit: https://www.sos.ca.gov/elections/voting-resources/county-elections-offices/

Can I vote early?
California voters can also vote before Election Day, from Monday, Oct. 5, 2020 to Monday, Nov. 2, 2020. However, dates and hours vary depending on where you live. Early voting and vote-by-mail ballot drop off locations may be found on the Secretary of State’s early voting website.

Can I still vote in person?
In-person voting locations will also be available to voters. Gov. Newsom’s executive order gave California counties permission to limit in-person voting operations as protection against the spread of COVID-19 but only if they also offer three days of early voting. If you are choosing to vote in person, make sure to confirm your polling location by visiting the Secretary of State’s website.

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Resources for Those Affected by California’s Wildfires

Written By: Megan Irish and Christopher B. Dolan

Sarah from the North Bay writes:

Q: “I just heard on the news that my friend’s neighborhood was evacuated for the fires, what can I do to help her, what are the resources available?”

A: Dear Sarah,
I’m so sorry to hear your friend was evacuated. There are a lot of resources; let me point out a few to get your friend started:

California Department of Social Services
California maintains a Disaster Help Center online.  This site has resource guides, both in English and Spanish. They have links for CalWORKS, which is an assistance program for families with children in the home, and CalFresh, which helps with funds for food. If your friend was already receiving these benefits and had to abandon their home (and their pantry), there are resources for, “replacement,” benefits, too. If your friend doesn’t think she normally would qualify for the benefits, she should still check it out. There are special circumstances when disasters happen, and families who may not typically receive benefits could qualify for assistance for a short time during the disaster period. There are also resources for housing administered by the local county if your friend needs a place to stay. Additionally, you can find a link to unemployment services there. Since many folks are displaced from their work in these fires, or perhaps their employer has themselves displaced or the business is closed, your friend may need financial assistance for a time. Your friend also could look into California’s State Supplemental Program (SSGP), which may be able to provide assistance.

California Department of Motor Vehicles
The DMV is assisting fire victims who need replacement documents from the DMV free of charge. If your friend needs DMV documents, they should reach out to the local field office, call 1-800-777-0133, or online. Being evacuated can be a really stressful time. If your friend is experiencing any emotional distress, and needs to talk to a professional, there are counseling services available. The Substance Abuse and Mental Health Services Administration (SAMHSA) has a Disaster Distress Helpline that provides 24/7,365 resource available for any human caused or natural disaster. The helpline can be reached at 1-800-985-5990 or text TALKWITHUS to the number 66746. 

California Department of Insurance
Your friend will also likely need to reach out to his or her insurance providers. A good resource is the California Department of Insurance; it has a guide to expedite the recovery process. It can be found here. The website has “evacuation checklists” for policyholders, as well as top ten tips for claimants, and insurance company contact lists. There are also links for in-person help centers, called “Local Assistance Centers” which are typically located in the heavily affected counties. Right now, there are centers in Santa Cruz, Monterey and Solano. There is also a link to success stories. In your friend’s time of turmoil seeing that there are so many resources available may be reassuring. 

Red Rover
If your friend has pets, there are other resources available throughout the State, too. A good resource with numerous links is Red Rover. It groups resources geographically throughout the state. This site also has resources for first responders who may need help caring for their pets while they are working, plus, it even has a financial assistance link for families who need help getting their pets veterinary care. 

CalFire
Most counties’ websites will be a primary resource for people evacuated like your friend. For example, Napa County has an assessment map, evacuation map and live cameras (showing vistas all over the state) on their website. People affected by the wildfires should check out their county resources. 

Cal Fire has a site with information about both federal agencies and local counties. The California Community Foundation also has a website dedicated to the Northern California Wildfire Relief. The federal government also has a website with a lot of links.  Your friend can find it here. The federal site has links for mortgage and rental relief as well as help with food and bills.

Red Cross
Finally, there is the National Red Cross. The Red Cross has hundreds of resources and links for people affected by the wildfires, and an app that can be downloaded for smartphones. The Red Cross also has resources on how to prevent fires.  When your friend gets home, they can reassess their property and decide if they have a good defensible space surrounding their home, and they can evaluate whether their plant choices are fire resistant. The site includes suggestions on spacing out plants so fire won’t jump between them, as well pruning trees, mowing grass and removing any dead vegetation to remove fuel. 

I hope your friend gets home soon, and that their home is in good condition. I hope these resources are helpful in the meantime. 

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Can the federal government deploy federal police to states?

Written by: Christopher B. Dolan and Allison L. Stone

As Black Lives Matter protests continue at the Mark O. Hatfield Federal Courthouse and Multnomah County Justice Center, a police headquarters in Portland, militarized federal officers are patrolling downtown Portland in unmarked vehicles and detaining people. President Trump announced that deployment of federal officers into other cities where protests continue including Chicago, Philadelphia, New York, Detroit, Baltimore, and Oakland, will follow. Therefore, it is necessary to explore the president’s power to deploy federal forces in states, and the limits on that power.

On June 26th, President Trump signed an Executive Order which directed the Departments of Justice, Homeland Security and Defense to provide, “personnel to assist with the protection of Federal monuments, memorials, statues, or property.” Federal officials state that they are in Portland protecting the Federal courthouse and justice center from vandalism. However, as federal agents with batons and combat gear patrol the streets of Portland, the legal limits of federal law enforcement must be addressed.

The Tenth Amendment of the Constitution provides that police powers are expressly reserved to the States through state and local police agencies. In other words, while the federal government has broad power to enforce the laws of the United States, the federal government generally has no role in enforcing, making arrests and/or prosecuting local crimes. This is what is commonly known as the separation of powers between the state and the federal governments. Thus, as it relates to the ongoing Black Lives Matter protests, the federal government does not have the power to police the streets or maintain order in a city if and when protests lead to violence.

With that said, a 2002 federal law that created the Department of Homeland Security says its secretary may,

“designate employees… as officers and agents for duty in connection with the protection of property owned or occupied by the federal government (…who may) carry firearms… conduct investigations on or off the property in question… and make arrests without a warrant for any offense against the United States,” with, “reasonable grounds to believe the person to be arrested has committed a felony.”

Accordingly, the federal government does have the right and authority to protect its buildings in Portland. For example, once a crime such as throwing a firebomb at federal property already has been committed, the federal authorities have probable cause to arrest them, even many blocks away from the federal property. Likewise, if a group gathering and planning to vandalize the federal property is observed, federal officers are permitted to investigate. But such power and authority is constrained.

Nevertheless, there are multiple troubling reports of federal officers arresting people who are peacefully protesting and blocks away from the federal buildings in Portland. Likewise, there is footage of officers in combat gear pulling a peaceful protester off the street into an unmarked van as well as video showing federal agents beating a non-violent Navy Veteran. Further, violent tactics by federal agents to control large crowds including use of tear gas, flash grenades and shooting nonlethal munition has left multiple people with serious, life-altering injuries. 

Federal officials are defending their conduct as legal under the aforementioned federal statutes that permit federal agents to go outside the boundaries of the federal property to, “conduct investigations,” into crimes against federal property or officers. However, patrolling the streets, beating peaceful protestors, and detaining and interrogating protesters without any information that those individuals committed a federal offense goes beyond their authority.

Such conduct is problematic and concerning for multiple reasons. First, it constitutes general policing, which is a state and local function outside of federal jurisdiction and powers. Secondly, it is interfering with protests, which violates the most basic First Amendment right to free speech and the right to protest. Additionally, arrests require probable cause, meaning that a federal officer must be able to identify facts that would cause a reasonable officer to believe that the specific person arrested has committed a specific federal crime. Grabbing protesters off the streets, taking people to federal buildings for interrogation, and detaining people that may have been involved in protests at or near federal property is not probable cause. The police do not have probable cause to arrest someone just because they are standing near someone who may have committed a crime. These tactics are believed to be an abuse of executive power, intended to scare and silence protesters and interfere with the Black Lives Matter protests. If federal officers take a protester off the street in a van without probable cause, they could be sued for damages.

On July 29th, it was announced that Oregon and the federal government have come to an agreement for the staged withdrawal of some, but not all federal agents from Portland. 

As Black Lives Matter protests continue, and because deployment of federal agents could be coming to your city next, it’s important to remain vigilant. If you are taken off the streets or injured while protesting and you feel that your rights have been violated, it is important to speak to a lawyer, as you may be entitled to sue the federal government.

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