Posted by James V. Lacy at 12:00 am on Aug 27, 2008 Comments Off on Candidate statements and election official “willful neglect”
Election officials have a duty to the
public to ensure a fair election that is so strong, that "willful
neglect" on their part is a crime. Elections Code Section
18002. Hold that thought.
I am working on an electioncase, (but
will not mentionthe candidates or other merits of the case),
here in Orange County. Part of the case focuses on a
candidate’s ballot statement of qualifications. The
statement of qualifications is the two hundred word statement that
nonpartisan candidates are allowed to place in the voter pamphlet
for distribution to the voters. State law prescribes
the text a candidate can use in the ballot statement, which is
intended to include information only about the candidate’s
background and experience. The statement is subject to
a10-daypublic viewing period where the public may raise
objections to the statement.
Because the candidate statement is intended
to focus on the qualifications of the candidate only, for years,
courts found it illegal for a candidate to mention the name of an
opponent, even in friendly terms, in their statements, and courts
would expunge such language in… Read More