The Debbie Cook Lawsuit - a Bad Idea

By Mark Bucher | 03/20/08 | 03:17 PM EDT | 0 Comments

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Earlier this week, Keith Carlson filed a suit against Huntington Beach Mayor Debbie Cook challenging her ballot designation of "Mayor." Cook is a democrat running against Congressman Dana Rohrabacher. This lawsuit is a bad idea, and should be dropped.

As a Republican and supporter of Congressman Rohrabacher, I want to see him win. Unfortunately, even the best outcome in this suit - that is, forcing Cook to change her ballot designation, will hurt Rohrabacher. The likely outcome, that Cook prevails, will be far worse.

The suit is based on Elections Code section 13107(a)(1) which allows a candidate to use the office she is elected to by the people as her designation. Since Cook was elected as a councilmember, and then elected by the other council members as the mayor, Carlson argues that she cannot use the designation of "Mayor." Unfortunately, this is a very narrow reading of this statute that a judge might reject. In addition, a candidate can also list a vocation. If Cook can convince the judge that being Mayor is a vocation, she will also win.

Assuming Cook prevails, because the suit was brought by Carlson, and his attorneys Mike Schroeder and Steve Baric, all prominent Republicans with ties to Rohrabacher, Cook will score the first win of this election and gain the aura of being a giant slayer.

Even if she loses and is forced to change her designation, she will have gained stature simply because of the battle. The perception in the mind of the average voter will be that the Republican Party and Congressman Rohrabacher are bullies.

I recoil against the win at all costs mentality that we often get caught up with in politics. It is easy to win the battle and lose the war. Particularly because in elections, what you are really fighting for is the hearts and minds of the voter.

Not every fight is worth fighting.  This one is a mistake.

TAGS: Dana Rohrabacher, Debbie Cook

 

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