California Court of Appeal

In case involving challenge to signatures on a referendum petition obtained by a group seeking to have a referendum on an ordinance restricting second-story additions, trial court's decision not to invalidate the petition is affirmed as the applicable Election Code sections, which required petition circulators be voters or qualified to register as a voter of the city where the election takes place, imposed a severe burden on First Amendment rights, and are unconstitutional. Even if there was an arguable failure to comply with circulator declaration statutes, any such failure should not be deemed to render the referendum petitions invalid.

Appellate Information

• Decided 01/16/2008
• Published 01/16/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• The Sutton Law Firm, James R. Sutton, Santa Maria, and Gabe Camarillo, for Plaintiff and Appellant.


• For Appellees:
  
• Strumwasser & Woocher, Frederic D. Woocher, Michael J. Strumwasser and Bryce A. Gee, Santa Monica, for Defendant and Respondent San Clemente Residents for Responsible Government., Rutan & Tucker, Jeffrey M. Oderman and Noam Duzman, Costa Mesa, for Defendant and Respondent City of San Clemente., Benjamin P. de Mayo, County Counsel and Wendy J. Phillips, Deputy County Counsel, for Respondent Neal Kelley, Orange County Registrar of Voters.