TUSTIN : Request to Force Election Vote Denied

A court ruling on Tuesday prompted cries of victory from both sides in a battle over the scheduled April 10 election.

Despite a decision by the 4th District Court of Appeal in favor of John Kelly and Earl J. Prescott, who hope to stop the April election, preparations for the election are proceeding.

The court denied a request by the Tustin city clerk to force Kelly and Prescott to vote for a resolution setting precinct boards and other election details. But City Atty. James Rourke said that a preliminary appeals court ruling last week said the city clerk appears to have the authority to establish the precinct boards on her own. And indeed, following a denial of her suit at the Superior Court level, the city clerk set the polling places and workers.

“We’re going ahead with the election. The court gave us the nod,” Councilwoman Ursula E. Kennedy said Tuesday night.

Prescott said he is pleased with the court ruling but unhappy with the situation. “What really upsets me is that twice we’ve been in court now and twice we’ve had a legal victory and twice they’ve tried to claim a political victory,” he said.

Although this battle is over, the war over the election issue continues. Earlier this month, Prescott filed a complaint in Superior Court asking that the ordinance moving the election from November to April be ruled invalid. He and Kelly allege that it was illegally approved. That action is still pending.