By David M. Greenwald
Executive Editor
Davis, CA – Technically Councilmember Dan Carson is suing the city of Davis. In reality, both City Clerk Zoe Mirabile and County Clerk/Recorder Jesse Salinas are named as formalities, as they are the ones who “approve” ballot measures.
But in reality, they are not fact-checkers and have no authority nor duty to verify the accuracy of the ballot language.
Elections Code section 9295 allows a voter in the jurisdiction in which an election is to ask the court to compel the deletion or amendment of material contained in ballot arguments only “upon clear and convincing proof that the material in question is false, misleading, or inconsistent with the requirements of this chapter,” and provided that “the issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.”
The arguments were made public March 11 and the action was brought on March 21. The courts have to act quickly now but the county still has time to finalize and send the
ballot material within the statutory period.
Alan Pryor, principal officer in the No on DiSC campaign said in a statement he was “very surprised to learn of this lawsuit.”
“None of the citizens named in the complaint have been served with the lawsuit. Even though I am the principal officer of the No on DiSC campaign committee, I have only seen parts of the lawsuit provided to me by the media,” he said. “Based on my...
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https://www.davisvanguard.org/2022/03/councilmember-carson-explains-his-decis...