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1 DENNIS J. HERRERA, State Bar #139669
City Attorney
2 ANDREW SHEN, State Bar #232499 ELECTRONICALLY
JENICA MALDONADO, State Bar #266982 F I L E D
3 Deputy City Attorneys Superior Court of California,
County of San Francisco
City Hall, Room 234
4 1 Dr. Carlton B. Goodlett Place 01/29/2020
San Francisco, California 94102-4682 Clerk of the Court
5 Telephone: (415) 554-4661 BY: RONNIE OTERO
Deputy Clerk
Facsimile: (415) 554-4745
6 E-Mail: jenica.maldonado@sfcityatty.org
7 Attorneys for Respondents JOHN ARNTZ, in his official capacity
as Director of the Department of Elections for the City and
8 County of San Francisco; and, DENNIS J. HERRERA, in his official
capacity as City Attorney for the City and County of San Francisco
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10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SAN FRANCISCO
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UNLIMITED JURISDICTION
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MICHAEL DENNY, Case No. CPF-19-516970
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Contestant, NOTICE OF ERRATA RE
15 EXHIBIT E TO REQUEST FOR JUDICIAL
vs. NOTICE IN SUPPORT OF RESPONDENTS’
16 OPPOSITION TO CONTESTANT’S
JOHN ARNTZ, Director of Elections; STATEMENT OF ELECTION CONTEST
17 DENNIS HERRERA, City Attorney,
Hearing Date: February 5, 2020
18 Respondents. Time: 9:30 a.m.
Place: Dept. 302
19 Hearing Judge: Hon. Ethan P. Schulman
20 Date Action Filed: December 26, 2019
Trial Date: None set
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Attached Documents: Corrected Exhibit E
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CASE NO. CPF-19-516970
1 Respondents JOHN ARNTZ, in his official capacity as Director of the Department of Elections
2 for the City and County of San Francisco and DENNIS J. HERRERA, in his official capacity as City
3 Attorney for the City and County of San Francisco (collectively, “City”) hereby provide the Court
4 with the corrected exhibit to Respondents’ Request for Judicial Notice in Support of Opposition to
5 Petitioner’s Statement of Election Contest:
6 Corrected Exhibit E, which is a true and correct copy of relevant portions of the Department
7 of Elections Statement of the Results for the Consolidated General Election, dated November 6, 2018.
8 Respondents’ previously filed Exhibit E, which was submitted for efiling on January 27, 2020,
9 inadvertently included documents, in addition to the intended exhibit, which were unrelated to the
10 subject Opposition Brief.
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12 Dated: January 29, 2020 Respectfully submitted,
13 DENNIS J. HERRERA
City Attorney
14 ANDREW SHEN
JENICA MALDONADO
15
Deputy City Attorneys
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17 By: s/Jenica Maldonado
JENICA MALDONADO
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Attorneys for Respondents
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JOHN ARNTZ, in his official capacity as Director of the
20 Department of Elections for the City and County of San
Francisco; and, DENNIS J. HERRERA, in his official
21 capacity as City Attorney for the City and County of San
Francisco
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CASE NO. CPF-19-516970
CORRECTED EXHIBIT E
TO
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF RESPONDENTS’ OPPOSITION
TO CONTESTANT’S STATEMENT OF ELECTION CONTEST
CITY AND COUNTY OF SAN FRANCISCO
DEPARTMENT OF ELECTIONS John Arntz, Director
Honorable Members
Board of Supervisors
City and County of San Francisco
1 Dr. Carlton B. Goodlett Place, Room 244
San Francisco, California 94102
Statement of the Results
City and County of San Francisco
Consolidated General Election - November 6, 2018
I, John Arntz, Director of Elections, certify that I have canvassed the ballots cast in the Consolidated General Election held
on Tuesday, November 6, 2018, in the City and County of San Francisco (City), in the manner required by Division 15 of the
California Elections Code.
I certify that I began the canvass immediately upon the close of the polls and, as a result of the tabulation of all votes
recorded, present a complete record entitled "Statement of the Results of the San Franci?CO Consolidated General Election
- November 6, 2018.ll I also certify that 372,848 voters cast ballots; therefore, 74.49% of San Francisco's 500,516
registered voters participated in this election.
The 74.49% turnout represents the highest percentage turnout for a mid-term election in the City since 1938 when nearly
76% of the City's 340,739 then-registered voters cast ballots. The highest known mid-term turnout occurred in 1914 when
83% of San Francisco's 161,846 registered voters participated.
In accordance with California Elections Code section 15374, I certify that this Statement of the Results provides the total
number of votes cast for each candidate and for and against each measure. The precinct detail of all votes cast appears in
the Statement of the Vote, which is posted on the Department of Elections' website at sfelections.org!results and is
incorporated by reference into this Statement of the Results.
This Statement of the Results includes tables that summarize total votes cast in each contest, and for and against each
proposition, and is organized as follows:
A. Voter-Nominated Offices
1. Governor
2. Lieutenant Governor
3. Secretary of State
4. State Controller
5. State Treasurer
6. Attorney General
7. Insurance Commissioner
8. Board of Equalization Member, District 2
9. United States Senator
10. United States Representative, District 12
11. United States Representative, District 13
12. United States Representative, District 14
13. State Assembly Member, District 17
14. State Assembly Member, District 19
English (415) 554-4375 sfelections.org $)( (415) 554-4367
Fax (415) 554-7344 1 Dr. Carlton B. Goodlett Place Espanol ( 415) 554-4366
TTY (415) 554-4386 City Hall, Room 48, San Francisco, CA 94102 Filipino (415) 554-431 o
Consolidated General Election Statement of the Results
November 6, 2018
B. Nonpartisan Offices
1. Associate Justices, Supreme Court
2. Presiding Justice, Court of Appeal, District 1, Division1
3. Associate Justice, Court of Appeal, District 1, Division1
4. Associate Justices, Court of Appeal, District 1, Division 2
5. Presiding Justice, Court of Appeal, District 1, Division 3
6. Associate Justices, Court of Appeal, District 1, Division 4
7. Presiding Justice, Court of Appeal, District 1, Division 5
8. State Superintendent of Public Instruction
C. District Offices
1. Members, Board of Education
2. Members, Community College Board
3. Director, Bay Area Rapid Transit (BART), District 8
D. City Offices
1. Assessor-Recorder
2. Public Defender
3. Member, Board of Supervisors, District 2
4. Member, Board of Supervisors, District 4
5. Member, Board of Supervisors, District 6
6. Member, Board of Supervisors, District 8
7. Member, Board of Supervisors, District 10
E. State Propositions
1. 1, "Authorizes Bonds to Fund Specified Housing Assistance Programs. Legislative Statute."
2. 2, "Authorizes Bonds to Fund Existing Housing Program for Individuals with Mental Illness. Legislative Statute."
3. 3, "Authorizes Bonds to Fund Projects for Water Supply and Quality, Watershed, Fish, Wildlife, Water
Conveyance, and Groundwater Sustainability and Storage. Initiative Statute."
4. 4, "Authorizes Bonds Funding Construction at Hospitals Providing Children's Health Care. Initiative Statute."
5. 5, "Changes Requirements for Certain Property Owners to Transfer Their Property Tax Base to Replacement
Property. Initiative Constitutional Amendment and Statute."
6. 6, "Eliminates Certain Road Repair and Transportation Funding. Requires Certain Fuel Taxes and Vehicle
Fees be Approved by the Electorate. Initiative Constitutional Amendment."
7. 7, "Conforms California Daylight Saving Time to Federal Law. Allows Legislature to Change Daylight Saving
Time Period. Legislative Statute."
8. 8, "Regulates Amounts Outpatient Kidney Dialysis Clinics Charge for Dialysis Treatment. Initiative Statute."
9. 9, Proposition 9 was removed from the ballot by order of the California Supreme Court.
10. 10, "Expands Local Governments' Authority to Enact Rent Control on Residential Property. Initiative Statute."
11. 11, "Requires Private-Sector Emergency Ambulance Employees to Remain On-Call During Work Breaks.
Eliminates Certain Employer Liability. Initiative Statute."
12. 12, "Establishes New Standards for Confinement of Specified Farm Animals; Bans Sale of Noncomplying
Products. Initiative Statute."
\SAN FRANCISCO Page 2 of 23
ELECTIONS
Consolidated General Election Statement of the Results
November 6, 2018
F. City Propositions
1. A, "Embarcadero Seawall Earthquake Safety Bond."
2. B, 11City Privacy Guidelines."
3. C, "Additional Business Taxes to Fund Homeless Services."
4. D, "Additional Tax on Cannabis Businesses; Expanding the Businesses Subject to Business Taxes.''
5. E, "Partial Allocation of Hotel Tax for Arts and Cultural Purposes."
This Statement of the Results does not report votes in the contest for United States Representative, District 13, because no
registered San Francisco voters live in the District. The boundaries for the District attributed to the City encompass a small
triangle of land located on the extreme southwest corner of Alameda Island, which lies across the San Francisco Bay from
the City. Other than this uninhabited portion of Alameda Island, District 13 is entirely comprised of territory within Alameda
County.
For each results table, the candidates and ballot measure positions that received the most votes are preceded by arrows
(- ). Since this Statement records votes cast in San Francisco only, the overall results may differ for any contests or
measures appearing on ballots in multiple counties.
For this election, all voters received four-card ballots, with the content on each card as follows:
Card 1: Voter-nominated offices for Governor, Lieutenant Governor, Secretary of State, State Controller, State
Treasurer, Attorney General, Insurance Commissioner, Board of Equalization Member (District 2), United
States Senator, United States Representative (District 12 or 14), and State Assembly Member (District 17
or 19). Nonpartisan offices for Associate Justices of the Supreme Court, Presiding Justices of the Court of
Appeal (District 1, Divisions 1, 3, and 5), Associate Justices of the Court of Appeal (District 1, Divisions 1,
2, and 4), and State Superintendent of Public Instruction. District offices for Members of the San Francisco
Community College Board, and Bay Area Rapid Transit Director (District 8).
Card 2: District offices for Members of the San Francisco Board of Education, and State Propositions 1 - 7.
Card 3: State Propositions 8 - 12 and City Propositions A - E.
Card 4: City offices for Assessor-Recorder, Public Defender, and Member of the Board of Supervisors (District 2, 4,
6, 8, or 10).
The Department of Elections applied a SHA-512 cryptographic function to all results reports associated with this election to
establish the integrity of the results in a verifiable manner. Attachment 1 provides information regarding the SHA-512 hash
values for all electronic files associated with the final , certified results reports.
Attachments 2, 3, and 4 provide detailed pass reports for the application of the ranked-choice voting tabulation method for
the contests for Members, Board of Supervisors, Districts 2, 4, and 10, respectively.
In witness whereof, I hereby affix my hand and seal this 271h day of November 2018.
Page 3 of 23
San Francisco Consolidated General Election Statement of the Results
Department of Elections November 6, 2018
F. CITY PROPOSITIONS
I certify the results for the following CITY PROPOSITIONS:
Unless otherwise noted, measures require 50% + 1 affirmative votes to pass.
1. PROPOSITION A· "Embarcadero Seawall Earthquake Safety Bond."
Measure requires 66 213% + 1 affirmative votes to pass.
Vote Totals % of Votes
YES 288,146 82.70% Overvotes 290
NO 60,276 17.30% Undervotes 23,854
2. PROPOSITION B ·"City Privacy Guidelines."
Vote Totals % of Votes
YES 186,758 57.58% Overvotes 147
NO 137,592 42.42% Undervotes 48,069
3. PROPOSITION C ·"Additional Business Taxes to Fund Homeless Services."
Vote Totals % of Votes
YES 215,491 61.34% Overvotes 282
NO 135,835 38.66% Undervotes 20,958
4. PROPOSITION D • "Additional Tax on Cannabis Businesses; Expanding the
Businesses Subject to Business Taxes."
Vote Totals % of Votes
YES 227,250 65.67% Overvotes 169
NO 118,815 34.33% Undervotes 26,332
5. PROPOSITION E • "Partial Allocation of Hotel Tax for Arts and Cultural Purposes."
Measure requires 66 213% + 1 affirmative votes to pass.
Vote To,tals % of Votes
YES 258,343 75.12% Overvotes 150
NO 85,585 24.88% Undervotes 28,488
Page 23 of 23
1 PROOF OF SERVICE
2 I, Pamela Cheeseborough, declare as follows:
I am a citizen of the United States, over the age of eighteen years and not a party to the above-
entitled action. I am employed at the City Attorney’s Office of San Francisco, City Hall, Room 234,
1 Dr. Canton B. Goodlett Place, San Francisco, CA 94102.
On January 29, 2020, I served the following document(s):
6
NOTICE OF ERRATA RE EXHIBIT E TO REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF RESPONDENTS’ OPPOSITION TO CONTESTANT’S STATEMENT OF
ELECTION CONTEST
8
on the following persons at the locations specified:
9 Michael Denny
3329 Cabrillo Street
10 SanFrancisco,CA 94121
Telephone: (415)608-0269
11 Email mike@dennz corn
[Petitioner, in pro perj
12
13 in the manner indicated below
14 BY ELECTRONIC MAIL: Based on a court order or an agreement ofthe parties to accept electronic
service, I caused the documents to be sent to the person(s) at the electronic service address(es) listed above.
Such
15 document(s) were transmitted via electronic mail from the electronic address:
pamela.cheeseborough@sfcityatty.org [1 in portable document format (“PDF”) Adobe Acrobat orE] in Word
16 document format. OR
17 BY ELECTRONIC SERVICE: Based on a court order or an agreement of the parties to accept
electronic service, I caused the documents to be served electronically through File & ServeXpress in portable
18 document format (“PDF”) Adobe Acrobat.
19 I declare under penalty of perjury pursuant to the laws of the State of California that the
foregoing is true and correct.
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Executed January 29, 2020, at San Francisco,
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CASE NO. CPF-19-5 16970