Posted by: thepinetree on 03/28/2017 01:52 PM
Updated by: thepinetree on 03/28/2017 02:14 PM
Expires: 01/01/2022 12:00 AM
:
Judge Rules Measure B To Be Withdrawn From Ballot
San Andreas, CA..."The Petition For Writ Of Mandate of Jeremy Carlson is GRANTED. Respondent Rebecca Turner, in her official capacity as Calavera.~ County Clerk recorder and Registrar of Voters is ordered to the extent possible to delete Measure B from the voter ballot and where that is not practical to take no further action (including counting of any votes) relative to the proposed initiative designated Measure B with regard to the 5/2117 Calaveras County special election. The clerk shall provide notice of (his ruling to the parties forthwith. Petitioner Jeremy Carlson to prepare a formal order in compliance with Rule of Court 3.1312 in conformance with this ruling. It is so Ordered, March 28, 2017"
Click Above For A Full Copy Of The Ruling
Ruling 17CV42233
FILED MAR 28 2017
SUPERIOR COURT OF CALIFORNIA
COUNTY OF CALAVERAS
CALAVERAS NATURALS, INC., a California
corporation; JEREMY CARLSON, an individual,
Petitioners,
vs.
REBECCA TURNER, in her official capacity as
Calaveras County Clerk Recorder and Registrar
of Voters,
Respondent.
WILLIAM McMANUS, an individual; and
DAVID TONNO, an individual,
Real Party in Interest.
Case No. 17CV 42233
RULING ON VERIFIED FIRST
AMENDED PETmON FOR WRIT
OF MANDATE TO
DELETE MEASURE B
FROM THE MA Y 2, 2017
SPECIAL ELECTION BALLOT
Measure B is one of four measures presently on II vote by mail ballot scheduled for a
special election on May 2,2017. Petitioners seek a 'lNTit of mandate to delete Measure B for its
failure to comply with language mandated by Elections Code Section 9124.
Elections Code § 9124 provides, in full:
The enacting clause of an ordinance submitted to the voters of a county
shan be substantially in the following form:
"The people of the County of ordain as follows:"
The language of Measure B slates "A,,,! ORDINANCE OF THE BOARD OF
SUPERVlS0RS OF THE COUNTY OF CALAVERAS.,. ".
The language of Measure B fails to substantially comply with the mandated language of
Elections Code § 9124 for an ordinance submitted ttl the voters of the county. Moreover, the
Court finds this is more than a technical semantic shortcoming as the actual language of Measure
B is misleading as it infers the measure is seeking voter approval of an action of the Board of
Supervisors contrary to the actual context of Measure B which seeks to have the voters direct the
Board to take an action. In making its ruling herein, the Court is mindful of the long established
judicial principle that it is usually more appropriate to review challenges to ballot propositions or
initiative measures after an election rather than disrupt the electoral process by preventing the
exercise of the people's franchise. This Court's preference would be to adhere to this principle.
However, the Court finds that the nature and extent of Measure B's misleading references and
non-compliance with Elections Code section 9124, with the resulting imprimatur of legislative
authority, undermines the integrity of the initiative process. The Court notes that Measure C also
on the May 2, 2017, special election ballot properly uses the Elections Code § 9124 language
that "The voters of the Copperopolis Fire Protection District. County of Calaveras, State of
California, hereby ordain as follows".
The Court finds that Petitioner Calaveras Naturals, Inc. lacks standing to petition for a
'ATit of mandate as this business entity does not meet the definition of an "elector" pursuant to
Elections Code § 13314(a) but finds Petitioner Jeremy Carlson meets the statutory definition and
has standing to bring the present Petition. Finally, the Comt finds that granting the Petition
would not aFFect the three other measures on the 5/2117 special election ballot so granting the
petition would not substantially interfere with the conduct of tbe 512117 special election.
The Verified Answer of real parties in interest fails to address the problems with the
language of Measure B. There is 110 dispute as to the number of signatures that were collected to
place Measure B on the ballot but the fact all of those signatures were in support of a ballot
measure whose language was contrary to the requirements of the law does not correct the
impropriety of using referendum language tor a measure that even real parties in interest concede
is a citizen initiative. Additionally, the Court finds no merit in the argument that granting the
petition and removing Measure B would substantially interfere with the election; while such an
outcome would inherently have a substantial effect on Measure B itself; the election vill proceed
concerning Measures A, C, and D.
Based on the foregoing, the Petition For Writ Of Mandate of Calaveras Naturals, Inc. is
DENIED due to the corporation's lack of standing. The Petition For Writ Of Mandate of Jeremy
Carlson is GRANTED. Respondent Rebecca Turner, in her official capacity as Calavera.~ County
Clerk recorder and Registrar of Voters is ordered to the extent possible to delete Measure B from
the voter ballot and where that is not practical to take no further action (including counting of
any votes) relative to the proposed initiative designated Measure B with regard to the 5/2117
Calaveras County special election.
The clerk shall provide !notice of (his ruling to the parties forthwith. Petitioner Jeremy
Carlson to prepare a formal order in compliance with Rule of Court 3.1312 in conformance with
this ruling.
It is so Ordered,
March 2.8, 2.017
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