Santa Ana : Judge Refuses to Hear Request to Alter Ballot

A Superior Court judge refused Monday to hear a request to delete statements from a sample ballot to be distributed to Santa Ana voters later this month because the people who filed the request served subpoenas themselves.

The law requires that a subpoena be served by someone who is not a party to the lawsuit, Judge Harmon G. Scoville pointed out.

Jim Lowman, spokesman for the citizens group that filed the action last week, served subpoenas on City Councilman Wilson B. Hart, City Clerk Janice C. Guy and Charter Review Commission member Sara Broadbent. “Unfortunately, under the law, Mr. Lowman is not allowed to serve those papers,” Scoville said.

Lowman’s group, Santa Ana Merged Society of Neighbors, is supporting Measure H--a proposition that would set up ward elections for City Council members and establish a directly elected mayor who would vote only to break ties.

A second proposition--Measure G--was placed on the ballot by the City Council and calls for a directly elected, voting mayor and a reduction of the number of wards from seven to six (in order to maintain an odd number and avoid tie votes). If both propositions were endorsed, the one with the most votes would take effect.

When final ballot arguments were filed, SAMSON members took exception to several statements made by Hart (writing against Measure H) and Broadbent (pro-Measure G). Lowman, who filed the lawsuit, alleged that several statements were untrue and calculated to arouse fears among Caucasians that Latino “immigrants’ rights groups” were behind the effort.

Lowman cannot refile the action because the county registrar of voters can no longer delay printing the ballots. Registrar Alvin E. Olson said Monday that the printing would begin early today.