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"Right to Vote" Stays on the Ballot
The City's attempt to invalidate the "Yorba Linda Right to Vote Amendment" hits a major roadblock.
Orange County Superior Court Judge John M. Watson has denied Yorba Linda City Clerk Kathie Mendoza's claim that the Right to Vote Amendment did not meet the full text requirement of the California Election's Code. Barring any last minute appeals on behalf of the City Clerk or the City Council, the Initiative will stay on the ballot for the June 6 Primary Election. The Registrar of Voters' deadline to remove the measure is March 10.
YLRRR is urging each and every one of you to attend Tuesday night's City Council meeting at 6:30 PM to remind the Council NOT to take any emergency action which could remove the "Right to Vote" from the June ballot. We are also urging residents to voice their opinions with regard to the Council's past, present and future actions on the "Right to Vote."
The judges ruling is available by clicking on this link: www.occourts.org/rulings/watson.asp.
We have also pasted the text of the judges ruling at the end of this e-mail. See you at the City Council meeting Tuesday at 6:30 PM.
Yorba Linda Residents for Responsible Redevelopment
www.ylrrr.org
Request for Judicial Notice is GRANTED. Petition for Writ of Mandate is DENIED. This Court finds the City Counsel was authorized to place the initiative on the ballot and they have complied with the requirements that all provisions of the initiative be included – (i.e. the “full text” requirement of Election Code § 9201) have been met.
It is not required that the initiative contain all provisions, then in effect, that might be impacted or affected but not amended or repealed.
The City Clerk does not have standing to bring this writ of mandate. Even if City Clerk had standing, the Council Resolution placing the matter on the ballot appears to be exercise of its powers under Election Code 9222 and moots claimed defect in the petition. The Writ and Joinder are both DENIED.
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