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