Judge finds SLO County clerk recorder overcharged for recount

January 30, 2024

By KAREN VELIE

A judge ruled Tuesday that the San Luis Obispo County Clerk-Recorder’s Office overcharged a citizen for a recount of the 2022 county supervisor race between incumbent Bruce Gibson and Dr. Bruce Jones.

After Gibson defeated Jones by a mere 13 votes in the November election, Darcia Stebbens requested the recount. Stebbens then terminated the recount after less than a fourth of the district’s precincts had been counted, noting issues with transparency and costs.

Before the recount was halted, Clerk-Recorder Elaina Cano agreed to count one ballot that her staff had failed to properly tally. The contested ballot, however, did not end up being tallied in the recount.

After Stebbens had paid the county $48,898 in estimated charges, Cano sent her a final bill. Stebbens refused to pay $4,448 in charges, alleging Cano had failed to provide itemized bills and documents requested with the recount. Cano then filed a small claims court suit against Stebbens, which Cano won.

Stebbens appealed, and the case moved to Superior Court Judge Rita Federman. Even though Stebbens pointed out multiple issues in which she asserted Cano overcharged her, for example a charge for a court filing that did not occur, the judge said she lacked the jurisdiction to consider Stebbens’ claim for reimbursement of additional false charges.

Judge Federman determined Cano charged $5,088 for overtime hours for herself and two other staff members, even though her office never paid those costs. The court determined Cano overcharged for the recount and that Stebbens does not owe the county any additional money.

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