Lunn

FACTS

Lunn is responsible for administering all elections held in Ventura County. Among Lunn’s responsibilities is to ensure that election observers can observe the processing of vote-by-mail return envelopes and ballots, while preventing the possibility of an observer tampering with the ballots. Lunn required the observers to remain in designated areas while observing the election process. Photographs show the areas marked off in tape. Lunn personally stood in every designated observation area and determined for himself that the areas were sufficiently close to allow observers to see the process and whether the election workers were following established procedures. Martin Cobos is the election division’s operation’s manager. Cobos went into each observation area while the election process was taking place and confirmed that the designated areas were sufficiently close to allow observers to observe the process.

DISCUSSION

I. Mootness

Lunn points out that EIPC’s declaratory relief action concerns the 2020 and 2021 elections. He argues declaratory relief is a prospective remedy, and not a vehicle to address past alleged wrongs. (Citing Orcilla v. Big Sur, Inc. (2016) 244…