City Hall News : Judge Dismisses Challenge to Election of Arcadia Councilman

Saying there was insufficient evidence of election fraud, a Superior Court judge has thrown out a legal challenge to Arcadia City Councilman Sheng H. Chang’s April election victory.

Judge Stephen E. O’Neil dismissed the lawsuit Thursday filed by Chang’s opponents, citing a lack of clear and convincing evidence of significant voter fraud that would have altered the result. Chang won his seat by 287 votes on April 12.

The judge granted a motion for dismissal made by Chang’s attorney, Walter Shatford III, after two days of trial, in which only the citizens group, Arcadia Citizens for Fair Voting, presented its case. The group includes Geraldine Fasching, the wife of defeated Councilman George Fasching, and Shao Hua Wen, former president of the Arcadia Chinese Assn.

The suit alleged that Chang won because of illegal votes cast by non-residents and non-citizens. It accused his campaign of registering unqualified voters, paying for votes and illegally collecting absentee votes. Almost all accusations revolved around absentee ballots cast by people with Asian surnames.

Min-Mey Chang, who ran her husband’s campaign, testified that she improperly mailed five sealed absentee ballots to the city clerk because she misunderstood the election laws. The judge said the incident fell far short of organized voter fraud.

Two residents from Los Angeles testified that a friend of the councilman’s wife had persuaded them to vote illegally in Arcadia. However, the judge said he was not convinced that these incidents were linked to the Changs or that other non-residents voted.

“I’m just so excited. It’s like I’m a kid again,” said Chang, 51, a Chinese American physician and the first member of an ethnic minority ever elected to the council.