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citybeat - > City Beat -> Woodward delayed
Woodward delayed

Court commissioner Linda Etienne started the hearing at 8:30, on time, but promptly pushed it back to 10 a.m. to give herself time to read the briefs.

On hand were Woodward and his wife, Frenzel and her husband (and their kid), Woodward's attorney Eric Bradshaw, City Attorney Ginny Gennaro, Jennifer Azeri for Kern County, county Auditor-Controller Ann Barnett and Elections Chief Sandy Brockman, and Tom Fallgater for Harold Hanson.

Counsel for the defense huddled in the hallway to discuss 8062(b), the argument raised by Woodward. One of them said it's a primary nomination statute so not on point; another said it's about verification of signatures, which isn't what this is about.

More later.

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posted by citybeat on Monday, August 25, 2008 at 08:53 AM
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posted by gopherbro on Aug 25, 2008 at 09:19 AM

For those interested, Elections Code Section 8062 states:

8062.  (a) The number of registered voters required to sign a
nomination paper for the respective offices are as follows:
   (1) State office or United States Senate, not less than 65 nor
more than 100.
   (2) House of Representatives in Congress, State Senate or
Assembly, Board of Equalization, or any office voted for in more than
one county, and not statewide, not less than 40 nor more than 60.
   (3) Candidacy in a single county or any political subdivision of a
county, other than State Senate or Assembly, not less than 20 nor
more than 40.
   (4) When any political party has less than 50 voters in the state
or in the county or district in which the election is to be held,
one-tenth the number of voters of the party.
   (5) When there are less than 150 voters in the county or district
in which the election is to be held, not less than 10 nor more than
20.
   (b) The provisions of this section are mandatory, not directory,
and no nomination paper shall be deemed sufficient that does not
comply with this section.  However, this subdivision shall not be
construed to prohibit withdrawal of signatures pursuant to Section
8067.  This subdivision also shall not be construed to prohibit a
court from validating a signature which was previously rejected upon
showing of proof that the voter whose signature is in question is
otherwise qualified to sign the nomination paper.

However, this is in the Chapter of the Elections Code on primary elections. Section 8000,  the first section of the Chapter states:

8000.  This chapter does not apply to:
   (a) Recall elections.
   (b) Presidential primary.
   (c) Nomination of officers of cities or counties whose charters
provide a system for nominating candidates for those offices.
   (d) Nomination of officers for any district not formed for
municipal purposes.
   (e) Nomination of officers for general law cities.
   (f) Nomination of school district officers.

 

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