JUDGE MAY TOSS MARIN COUNTY ELECTION OUT MONDAY
California Political Desk
February 20, 2010
Marin County election could be tossed out Monday; Judge may call new election after hundreds of voters denied right to vote in election decided by only 15 votes.
SAN RAFAEL – Hundreds, and perhaps as many as 2,000, Marin County voters were not allowed to vote in a Novato election last November and a court hearing next Monday (Feb. 22) could result in a Superior Court judge calling a new election, said a San Rafael attorney today.
The hearing is scheduled Feb. 22 in Marin County Superior Court (Courtroom J) at 9 a.m.
"We will argue that because voters were disenfranchised, the election needs to be annulled and a new one held June 8. That is what the law requires," said Dotty E. LeMieux, an attorney representing some of the disenfranchised voters.
The voter lawsuit is particularly relevant because the race for the final spot on the Novato Sanitary District board of directors was decided by 15 votes (of more than 30,000 votes cast), or about one-half of one percent.
Voters Suzan Sharpley and Robert Abeling – representing disenfranchised voters in the district – filed the lawsuit after they were denied the right to vote although they live within the district.
The suit details hundreds of otherwise eligible voters apparently not given ballots with the NSD election on them, effectively preventing those voters from participating in the close election.
"Subsequently, it was acknowledged by the NSD that (voters)…were denied their right to vote in that contest," said the brief for the contestants.
SAN RAFAEL – Hundreds, and perhaps as many as 2,000, Marin County voters were not allowed to vote in a Novato election last November and a court hearing next Monday (Feb. 22) could result in a Superior Court judge calling a new election, said a San Rafael attorney today.
The hearing is scheduled Feb. 22 in Marin County Superior Court (Courtroom J) at 9 a.m.
"We will argue that because voters were disenfranchised, the election needs to be annulled and a new one held June 8. That is what the law requires," said Dotty E. LeMieux, an attorney representing some of the disenfranchised voters.
The voter lawsuit is particularly relevant because the race for the final spot on the Novato Sanitary District board of directors was decided by 15 votes (of more than 30,000 votes cast), or about one-half of one percent.
Voters Suzan Sharpley and Robert Abeling – representing disenfranchised voters in the district – filed the lawsuit after they were denied the right to vote although they live within the district.
The suit details hundreds of otherwise eligible voters apparently not given ballots with the NSD election on them, effectively preventing those voters from participating in the close election.
"Subsequently, it was acknowledged by the NSD that (voters)…were denied their right to vote in that contest," said the brief for the contestants.
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