In a week with a flurry of legal filings and letters between officials, the OC Registrar of Voters confirmed Friday that a housing initiative will be on the Nov. 3 ballot, along with Newport Beach’s council race and other open offices from school boards to the governor, but it is unclear how voters would decide on three more measures this election.
On Friday, Orange County Counsel Leon Page advised city officials that the three measures authored by the Newport Beach Stewardship Association had missed the boat to make that ballot even though a judge on Thursday ruled they needed to be put before voters this year. The judge was overruling a City Council majority that earlier in the week had scheduled the three initiatives for the 2028 ballot.
City officials said on Friday they will look to the courts to decide on next steps to satisfy the judge’s ruling. Whether that could include the city paying to hold an election for the three measures wasn’t clear on Friday.
“At this point, we don’t know the options, which is why we will likely reach out to the courts next week for further guidance,” said Georgia Rios, spokesperson for the city.
Orange County Superior Court Judge Julianne Bancroft on Thursday said the council’s 5-2 vote on Tuesday to place the three initiatives authored by the Newport Beach Stewardship Association on the 2028 general election ballot was an “abuse of its discretion.”
“Therefore, this court has the authority,” Bancroft said, “to order the City Council to immediately take the necessary steps to place these three initiatives on the Nov. 3, 2026 ballot.”
The initiatives give voters a say over processes for City Council meetings, term limits and how the public selects council members in districts.
Councilmember Robyn Grant was one of two council members who opposed Tuesday’s majority decision to schedule the ballot measures for 2028.
“I respect the process, state codes and election codes,” she said. “After listening to the public, reading the staff report and understanding what the trial and appellate court said, I decided that it was legitimate, lawful and fair to move forward with the 2026 ballot.”
“Uncertainty is a real roadblock to our community,” she said. “We need to have certainty as how we move forward. We have residents and businesses, other stakeholders, and city staff all trying to continue with the business of the city, and we can’t do that if we don’t know for certain what the laws are. We’ve got a legitimate ballot initiative.”
The city challenged whether an earlier housing initiative and these three following initiatives had been properly noticed to the public, saying the publication used was not the newspaper of record. Bancroft ruled the process had met the requirements.
The housing initiative — it asks whether the city should adopt a housing plan that exceeds state mandates but with a smaller buffer than currently baked in — was already set for the Nov. 3 ballot following the court’s decision.
Grant said she thought it was a fair question about the publication, but that has been resolved.
“I know me and all my colleagues want what’s best for residents,” she added. “These decisions are very nuanced, and the landscape has been very fluid with respect to court decisions. The dust will settle, and we will move in lockstep with the community. I do have faith in my council for good governance.”
Nancy Scarbrough, a resident and activist associated with the initiatives, said Thursday that the court recognized the city’s efforts to “slow walk” the initiatives to avoid putting them to a public vote.
“Judge Bancroft’s order demonstrates the frustration that the city’s antics have caused the court,” Scarbrough said. “The residents have demonstrated by appearances in the Council Chambers and written comments that they are frustrated as well. Let the voters of Newport Beach weigh in with their own opinions as to the merits of the initiatives by putting these initiatives on the November 2026 ballot.”
