OPINION by DEBBIE PETERSON On Thursday, May 23, at 9 a.m., Superior Court Judge Craig van Rooyen will be asked by a grassroots volunteer group of Grover
On Thursday, May 23, at 9 a.m., Superior Court Judge Craig van Rooyen will be asked by a grassroots volunteer group of Grover Beach voters to uphold U.S. and California election laws and order Grover Beach City Clerk Wendy Sims to approve their recall petitions so that the recall can be placed on the November ballot.In California, voters have the right to recall elected officials when they are dissatisfied with the officials’ performance.
During the 10-day period, a voter or the clerk, according to a new law, effective Jan. 2023, may challenge allegedly false or misleading material in the petition in superior court by seeking a writ of mandate or an injunction requiring amendments or deletions. A judge may only act if there is clear and convincing proof that the material in question is false, misleading, or inconsistent with the requirements of election law.
Grover H2O first submitted its draft petition in January. The clerk responded with formatting and punctuation changes to which the proponents completely conformed. However, instead of approving the conforming petitions, the clerk made a new round of changes, requiring the 153 proponents to remove two of their reasons for recall. She also required Councilman Zimmerman’s answer to the recall to be included even though he missed the statutory deadline.
Having exhausted every other option, GROVERH2O sued the City. Grover H2O proponents state that the city’s censorship of their reasons for recall is a blatant violation of free speech and due process protections.
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