CD46 Watch: The Dark Lord is Taking Debbie Cook to Court
Posted by: Tomahawk | 03/18/2008 12:19 PM
Schroeder has a legal ground in his challenge because voters in Huntington Beach does not directly elect their Mayor. The City Council Members rotate that position among themselves on an annual basis. So if the Mayorship is not an elected post, Cook shouldn't be able to use that as her ballot designation. She can use "Council Member, City of Huntington Beach", but not Mayor.
Personally I heard someone brought this up to one of the gal working at the OC Registrar of Voters and she said the issue will be forwarded to the Secretary of State's Office for review. Considering that the Secretary of State is a partisan Democrat, I'm glad Schroeder and Baric are taking it upon themselves to make sure Debbie Cook does not pull a fast one on us.
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Considering that the Secretary of State is a partisan Democrat
Right. And your inference is that no Democrat can ever be trusted to be fair.
I know plenty of ethical Republicans (both elected and private citizens) such as the proprietor of this blog. In fact, I'm certain the vast majority of Republicans are ethical people, or at least as ethical as the average citizen.
Are you so totally blinded by party loyalty that you don't believe the same about Democrats? If so, I think you need an ethics check of your own.
Debbie Cook is the Mayor of Huntington Beach, see website below:
http://www.ci.huntington-beach.ca.us/government/elected_officials/city_council/
So when is a Mayor not a Mayor? Only in Schroeder's/ Van's Orwellian GOP world.
While the frivilous Republican Trial Lawyer is at it, maybe he should include Neil Blais and Jeff Miller in the 71st Assembly race. They are both using the title, Mayor, in their ballot designations as well.
Of course it wouldn't be Republican partisan hypocrisy without Mike Schroeder.
This is just assinine. First, a mayor is indeed elected - annually by his peers who happen to represent the electorate. I also seem to recall this title being used frequently by Republicans, too.
I wonder if this means Schroeder has found a new plaything and will leave Janet alone?
Whether or not you like the rules, it is well-established that one who is not a Mayor directly elected by the voters, such as Mayor Cook, cannot use the title "Mayor" as her occupation. Unless the Mayor is directly elected, the position is purely honorary and does not constitute one's occupation as defined in the Elections Code. This is true of Mayors of any political persuasion and does not single out those who identify with a particular party. Ms. Cook knows this as well as anyone. Rumor has it that she originally had the title "Mayor" on her nomination paperwork but changed it to "Council Member" when questioned about it only to change it back on the last day when she thought noone was looking. Shame.
Well there are a number of people that do things they shouldn't do in a variety of ways. If Shroeder were to sue all of them he would indeed be a busy man. Did you know that even if you are not a teacher with a degree declaring you are a teacher you can still put "educator" as your ballot designation? While I am not a huge fan of the sitting Mayor, I think as long as she is the sitting Mayor she should be able to use the designation. But then I'm sure I won't be the one to have the last word on this.
Tomahawk, I saw the U Tube videos you are running of Janet Nguyen that you took at the CRA endorsing convention on Saturday; I wondered why you didn't run them on OC Blog? Interesting. Are you still Harman's central committee Rep?
So Tomahawk has been outed!
The Secretary of State publishes a manual defining how ballot designations should be chosen, and indicates that some positions to which someone is not directly elected might qualify if that is indeed their principal endeavor. Although the position of Mayor has little legal distinction from other Council members, , in practice a Mayor takes far more meetings, covers many ceremonial events, represents the City and the Council, signs correspondence and contracts, responds to phone calls to "The Mayor", spends more time preparing for Council meetings, et cetera.
Under the definition below, this may in fact qualify for a proper ballot designation as the principal activity for some people.
(b) “Principal,” as that term is used in Elections Code § 13107, subdivision (a)(3), means a substantial involvement of time and effort such that the activity is one of the primary, main or leading professional, vocational or occupational endeavors of the candidate. The term "principal" precludes any activity which does not entail a significant involvement on the part of the candidate. Involvement which is only nominal, pro forma, or titular in character does not meet the requirements of the statute.
I would hope that the Secretary of State is applying the same common principles to every submitted ballot designations, and not relying on partisan lawsuits.
Can't Schroeder do something more productive with his time, like take a more flattering photo of his wife than the one that ran in last Sunday's Register.
Some thoughts:
1) The Dark Lord has come a long way since he was treading frivolous water as Bob Dornan's lawyer.This one might be a career case for him.
2) I'd like to hear what Mark Rosen has to say on this issue. Unlike the Dark Lord and his 2nd chair, Rosen will call them like he sees them, partisanship be dammned.
3) I want to thank T-Hawk for this post because if the Dark Lord is right, T-Hawk has helped make sure that CRA endorsed Jeff Miller and Neil Blais do not pull a fast one on us. Gee, T-Hawk, its nice to know that you're pointing out that Miller, who just stepped down as Chair of the Riverside Republican Party, was trying to pull a fast one on us.
4) Ditto to the Dark Lord's 2nd Chair Baric, President of the California Republic lawyers Association. The Dems in the 71st A.D. will list you and the Dark Lord as in kind contributors if you turn out to be right.
4) Where is the Citizens Against Lawsuit Abuse when you need them?
5) The Dark Lord's sudden interest in Debbie Cook reveals one thing for sure: Dana and the Dark Lord are hearing footsteps.
most who have been reading this blog for any time already knew who Tomahawk was, so don't think this one constitutes an "outting"
Debbie must have someone very nervous to sick schroeder on her. Good for her as Vader's been on a wonderful loosing streak. Maybe we should all start referring to her as Congresswoman Debbie Cook!
The Dark Lord casts quite a gloomy shadow...
Oh, and anyone who doesn't think the role of Mayor is not significantly different from that of a councilmember is quite uninformed. In most cities (even those where it is "ceremonial", the Mayor works with the city manager to finalize the agenda's. Also the Mayor holds signature authority for the City's financial business. The majority of correspondence from other agencies comes to the Mayor, most is also copied to council, but not all. The Mayor also makes regional appointments to county and special districts.
Does this mean Gerld Ford wasn't really President because he was not elected?
by the vote of the people.....a rotating Mayor - not directly elected may not use the title Mayor.
Directly from the Candidates hand book, page 40:
http://ocvote.com/election/pri0608/June%202008%20Candidate%20Handbook.pdf
(1) Words designating the elective city, county, district, state or federal office which
the candidate holds at the time of filing the nomination documents to which
he/she was elected by vote of the people, or to which he/she was appointed, in
the case of a Superior Court Judge.
Regardless of what you Dems think of Schroeder, as Flowerszzz pointed out, the rules are on his side.
It's silly to suggest that unless Schroeder sues everybody who violates this rule, then he is a hypocrite for suing a single violator.
Are traffic cops "hypocrites" because they cite some speeders, but not others?
I hope the GOP powers that be have checked with Curt Hagman, Jeff Miller and Neil Blais to make sure they don't mind losing the title "Mayor" in their ballot designations. Cuz if Cook loses hers, they're gonna lose theirs too.
I wonder how many other candidates in California will also have to change their ballot designations? How many will be Republicans?
Be careful what you wish for...
Missy is doesn't get the point. Who cares if Hagman, Miller, and Blais loses their "mayor" ballot title, the district will be Republican no matter what.
Debbie Cook on the other hand have a really got shot at toppling Dana Rohrabacher.
"THE 2008 CANDIDATE’S HANDBOOK FOR THE
PRIMARY ELECTION IS INTENDED TO PROVIDE
GENERAL INFORMATION FOR CANDIDATES AND
COMMITTEES, AND DOES NOT HAVE THE FORCE
AND EFFECT OF LAW, REGULATION OR RULE. IT IS
DISTRIBUTED WITH THE UNDERSTANDING THAT
THE REGISTRAR OF VOTERS OF THE COUNTY OF
ORANGE IS NOT RENDERING LEGAL ADVICE"
LOL nice try red....Schroeder will win in court it is part of elections code.
For what it's worth, the Handbook (pg. 36) refers to "elective" office. It doesn't say "by the people" or "directly elected." So unless the Government Code makes a clearer distinction I don't see how the defininition couldn't be applied to Cook, et al.
(Mayors, whatever their practical functions - are elected - by councilmembers acting as electors, if you will. They are not automatically "rotated." While the upshot of annual elections among councilmembers is that different people rotate into and out of the office, there is nothing automatic about it - as people in places like Fullerton - where certain councilmembers were systematically excluded over the years - know.)
Red it says "by vote of the people"....you are right in the handbook it does not specify which people tho. We shell see what happens.
Observer: of course I get the point. You wanna just trade insults or have a meaningful conversation?
I have neither the time nor the inclination to check the ballot designations of every republican running for office in California, but I have no doubt that there's a Republican challenger somewhere who hopes to use a similar title to her or his advantage. If Cook loses, that person loses too.
Look a little deeper before you start casting aspersions on who "gets the point."
Debbie isn't running unopposed for the Demopcratic nomination. It's a bit presumptuous of her and her supporters to declare that she will be the person facing Rohrabacher in the fall, especially since there is another candidate who actually has solutions to our current issues and not just a bunch of environmental arm-waving! www.kalmick2008.com
NB--Substitute confidence for presumptuous and you're spot on. Confidence built on a sucessful electoral track record and 96% of the vote at the regional Democratic endorsement caucus.
The environmental arm waving line fits in nicely with Rohrbachers speeches lambasting environmentalists and suggesting global warming was caused by dinosaur flatulence.
You've now passed Test #2(bag on environmentalists) in the Dark Lord's criteria for creating and contributing to a faux campaign I.E. committee. You've already passed test # 1(You have not been a threat to Dana, you are not a threat to Dana and you never will be a threat to Dana).
NB -- the only person here who's said anything about Debbie being the presumptive nominee is the original poster, Tomahawk:
For those that may not know, Cook is running against incumbent Republican Congressman Dana Rohrabacher in the November General Election.
I hardly think it's likely that Tomahawk is a Cook supporter.
I don't know Dan Kalmick, but I hear he's a good guy. After June 3 I hope he and his supporters can find a way to get over their bitterness and make positive contributions to the Democratic Party.