FULLERTON : Recalls Panel Lawsuit Seeks Special Election

The Fullerton Recalls Committee Monday filed a lawsuit in Orange County Superior Court, seeking an October special election to replace three recalled officials, Mayor A. B. (Buck) Catlin and council members Molly McClanahan and Don Bankhead.

The lawsuit, filed against the city and City Clerk Anne M. York, alleges that the state elections code was violated when the special election was consolidated with the November general election.

By consolidating the two elections, a special election to replace Catlin and McClanahan was canceled.

City officials said the special election for Catlin’s and McClanahan’s terms is unnecessary because they are due to expire in November anyway and consolidating the elections saves the city about $56,000.

Therefore, only Bankhead’s seat would be up for replacement in the special election because his term is not due to expire until 1996.

Members of the Fullerton Recalls Committee said that is not fair and cheats the voters, even though those elected to fill Catlin’s and McClanahan’s terms in the requested October election would hold the seats for little more than two weeks. Officials said 75.3% of the people who voted in last month’s recall election favored a special election to replace the three ousted officials.

“We believe the city clerk and the city violated the elections code and the only remedy we have is to file suit,” said Thomas S. Babcock, chairman of the recalls committee. “We feel it is important enough to the voters of Fullerton to not let (the city) steal away the replacement election.”

York could not be reached for comment Monday. City officials said she is vacationing in Canada.

“We’re asking the city to quit breaking the law,” said W. Snow Hume, a recall leader.

City Atty. R. K. (Kerry) Fox has maintained that no laws have been violated and that it is legal to consolidate the special election with the general election.

A hearing on the matter is scheduled in Orange County Superior Court on July 22 at 1:30 p.m.