California Court of Appeal

In appeals from judgments in different cases upholding decision of county election officials not to certify a referendum to overturn a measure adopted by the San Mateo City Council, two appeals are dismissed and judgment for defendants in remaining case is affirmed where officials acted correctly in disqualifying signatures where the voter did not personally write out identifying information as required by Elections Code section 100. The deficiency could not be cured by construing Election Code section 100.5 to validate the signatures by the declaration of the petition circulator on each sheet of signatures.

Appellate Information

• Decided 12/13/2007
• Published 12/13/2007

Judges

• RICHMAN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Howard Rice Nemerovski Canady Falk & Rabkin, Steven L. Mayer, San Francisco;  Remcho, Johansen & Purcell, Robin B. Johansen, Thomas A. Willis, for Appellant Bay Meadows Land Company and Plaintiff and Appellant Suzanne Flecker.


• For Appellees:
  
• Stuart M. Flashman, Oakland, for Plaintiffs and Appellants Friends of Bay Meadows et al. and Real Party in Interest and Respondent Friends of Bay Meadows., Office of the City Attorney, City of San Mateo, Shawn M. Mason, Michael J. Ogaz, Bahareh Abdollahi, for Defendants and Appellants City of San Mateo et al. and Defendants and Respondents Norma Gomez et al., County Counsel, Thomas F. Casey III, Brenda B. Carlson, Chief Deputy, for Defendant and Respondent Warren Slocum.