Americans for Safe Access v. County of Alameda

These consolidated cases consider how to determine the integrity of certain electronic voting machines under Elections Code section 15630. In A121390, defendants County of Alameda and its registrar of voters, Dave MacDonald (County), appeal from a judgment entered on a grant of summary adjudication and from a permanent injunction, both in favor of plaintiffs Americans for Safe Access and three Berkeley voters (ASA). We affirm the judgment in part and reverse in part. We affirm the permanent injunction with the proviso that it is to be narrowly construed, as we explain below.

ASA sought and obtained a substantial award of attorney fees under the private attorney general statute (Code Civ. Proc., § 1021.5). In A122619, County appeals, claiming the award is excessive. We reverse the fee award in part, and remand for further proceedings.

I. FACTS AND PROCEDURAL BACKGROUND

A. The Judgment and Permanent Injunction (A121390)

The material facts are undisputed. We take them from the trial court’s order granting ASA’s motion for summary adjudication.

Measure R, a ballot measure of the City of Berkeley, was on the ballot for the election on November 2, 2004. Some of the ballots…