Suit wants Ross Valley flood vote tossed out
Richard Halstead
Marin Independent Journal
Article Launched:08/09/2007 11:33:07 PM PDT
Seeking to get a controversial Ross Valley flood election tossed out,
San Anselmo lawyer Ford Greene filed suit in Marin County Superior
Court Thursday.
Greene alleges that the ballot used by the Marin County Flood Control
and Water Conservation District "hid the notice and warning that
failure of the voter to sign the ballot would automatically disqualify
his vote."
About 21 percent of the 8,059 votes cast in the mail-in election were
disqualified - the majority because they were unsigned. By paying for a
manual recount, Greene determined the measure would have failed by 147
votes if the unsigned ballots had counted. Of the 1,678 disqualified
ballots, 730 were marked in favor of the flood measure, while 942 were
against.
Greene's suit contends that the warning to sign the ballot was poorly
placed on the ballot and should have been printed in a larger, more
prominent type face.
James Flageollet, chief deputy county counsel for Marin, rejected
Greene's allegations. "I believe we followed the statutes," Flageollet
said.
Supervisor Hal Brown, who spearheaded the effort to adopt the fee,
said, "Greene said he was going to sue. This was to be expected."
Brown considered repeating the election after Greene and others
complained about the high number of disqualified ballots, but he
ultimately rejected the idea.
"If we'd done that, we'd probably be facing a lawsuit from the other
side," Brown said.
Only property owners were allowed to vote on the fee, which is designed
to raise about $40 million for flood control projects in Fairfax,
Greenbrae, Kentfield, Larkspur, Ross and San Anselmo.
Brown said one reason he considered repeating the election was that he
feared a long court battle that would tie up the flood mitigation funds
for years.
Greene said that concern is spurious. Because the suit relates to
election law, a hearing must be set within the next 25 days. After the
hearing is completed, the presiding Marin Superior Court judge, which
will be Lynn Duryee, will have 10 days to issue her opinion.
"This is going to be resolved within 45 days," Greene said.
But Flageollet said a speedy resolution of the matter depends on how
far the matter is appealed.
Will Greene appeal if Duryee rules against him?
"I am completely committed to the issue, and will carry it whatever
distance is required," Greene said.
Representatives of the Marin United Taxpayers Association, who have
solicited donations for a possible suit of their own challenging the
election results, could not be reached for comment.
Contact Richard Halstead via e-mail at rhalstead@marinij.com
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