Ruling 17CV42233<\/a><\/p>\nFILED MAR 28 2017
\nSUPERIOR COURT OF CALIFORNIA
\nCOUNTY OF CALAVERAS
\nCALAVERAS NATURALS, INC., a California
\ncorporation; JEREMY CARLSON, an individual,
\nPetitioners,
\nvs.
\nREBECCA TURNER, in her official capacity as
\nCalaveras County Clerk Recorder and Registrar
\nof Voters,
\nRespondent.
\nWILLIAM McMANUS, an individual; and
\nDAVID TONNO, an individual,
\nReal Party in Interest.<\/p>\n
Case No. 17CV 42233
\nRULING ON VERIFIED FIRST
\nAMENDED PETmON FOR WRIT
\nOF MANDATE TO
\nDELETE MEASURE B
\nFROM THE MA Y 2, 2017
\nSPECIAL ELECTION BALLOT
\nMeasure B is one of four measures presently on II vote by mail ballot scheduled for a
\nspecial election on May 2,2017. Petitioners seek a ‘lNTit of mandate to delete Measure B for its
\nfailure to comply with language mandated by Elections Code Section 9124.
\nElections Code \u00a7 9124 provides, in full:
\nThe enacting clause of an ordinance submitted to the voters of a county
\nshan be substantially in the following form:
\n“The people of the County of ordain as follows:”
\nThe language of Measure B slates “A,,,! ORDINANCE OF THE BOARD OF
\nSUPERVlS0RS OF THE COUNTY OF CALAVERAS.,. “.<\/p>\n
The language of Measure B fails to substantially comply with the mandated language of
\nElections Code \u00a7 9124 for an ordinance submitted ttl the voters of the county. Moreover, the
\nCourt finds this is more than a technical semantic shortcoming as the actual language of Measure
\nB is misleading as it infers the measure is seeking voter approval of an action of the Board of
\nSupervisors contrary to the actual context of Measure B which seeks to have the voters direct the
\nBoard to take an action. In making its ruling herein, the Court is mindful of the long established
\njudicial principle that it is usually more appropriate to review challenges to ballot propositions or
\ninitiative measures after an election rather than disrupt the electoral process by preventing the
\nexercise of the people’s franchise. This Court’s preference would be to adhere to this principle.
\nHowever, the Court finds that the nature and extent of Measure B’s misleading references and
\nnon-compliance with Elections Code section 9124, with the resulting imprimatur of legislative
\nauthority, undermines the integrity of the initiative process. The Court notes that Measure C also
\non the May 2, 2017, special election ballot properly uses the Elections Code \u00a7 9124 language
\nthat “The voters of the Copperopolis Fire Protection District. County of Calaveras, State of
\nCalifornia, hereby ordain as follows”.<\/p>\n
The Court finds that Petitioner Calaveras Naturals, Inc. lacks standing to petition for a
\n‘ATit of mandate as this business entity does not meet the definition of an “elector” pursuant to
\nElections Code \u00a7 13314(a) but finds Petitioner Jeremy Carlson meets the statutory definition and
\nhas standing to bring the present Petition. Finally, the Comt finds that granting the Petition
\nwould not aFFect the three other measures on the 5\/2117 special election ballot so granting the
\npetition would not substantially interfere with the conduct of tbe 512117 special election.
\nThe Verified Answer of real parties in interest fails to address the problems with the
\nlanguage of Measure B. There is 110 dispute as to the number of signatures that were collected to
\nplace Measure B on the ballot but the fact all of those signatures were in support of a ballot
\nmeasure whose language was contrary to the requirements of the law does not correct the
\nimpropriety of using referendum language tor a measure that even real parties in interest concede
\nis a citizen initiative. Additionally, the Court finds no merit in the argument that granting the
\npetition and removing Measure B would substantially interfere with the election; while such an
\noutcome would inherently have a substantial effect on Measure B itself; the election \\vill proceed
\nconcerning Measures A, C, and D.<\/p>\n
Based on the foregoing, the Petition For Writ Of Mandate of Calaveras Naturals, Inc. is
\nDENIED due to the corporation’s lack of standing. The Petition For Writ Of Mandate of Jeremy
\nCarlson is GRANTED. Respondent Rebecca Turner, in her official capacity as Calavera.~ County
\nClerk recorder and Registrar of Voters is ordered to the extent possible to delete Measure B from
\nthe voter ballot and where that is not practical to take no further action (including counting of
\nany votes) relative to the proposed initiative designated Measure B with regard to the 5\/2117
\nCalaveras County special election.<\/p>\n
The clerk shall provide !notice of (his ruling to the parties forthwith. Petitioner Jeremy
\nCarlson to prepare a formal order in compliance with Rule of Court 3.1312 in conformance with
\nthis ruling.
\nIt is so Ordered,
\nMarch 2.8, 2.017<\/p>\n","protected":false},"excerpt":{"rendered":"
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 […]<\/p>\n","protected":false},"author":1,"featured_media":36348,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_cbd_carousel_blocks":"[]","jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":true,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[20,1],"tags":[],"class_list":["post-36347","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-featured","category-news","last_archivepost"],"jetpack_featured_media_url":"https:\/\/new.thepinetree.net\/wp-content\/uploads\/2017\/03\/MeasureB.jpg","jetpack_sharing_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=\/wp\/v2\/posts\/36347","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=36347"}],"version-history":[{"count":0,"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=\/wp\/v2\/posts\/36347\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=\/wp\/v2\/media\/36348"}],"wp:attachment":[{"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=36347"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=36347"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=36347"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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