FULLERTON : Judge OKs Special Election in October

A special election will be held Oct. 18 to replace three city officials who were recalled last month, an Orange County Superior Court judge ruled Friday.

Judge Donald E. Smallwood sided with the Fullerton Recalls Committee, which sued City Clerk Anne M. York and the city, seeking a special election in October.

York had combined the special recall election with the November general election.

“I think that the clerk is obligated to perform her ministerial duties,” Smallwood ruled. He said that once the canvass of votes of the June 7 recall election was completed by the county registrar of voters in mid-June, York should have immediately called for the special election instead of waiting until July 5 to set the election.

York declined comment, directing questions to City Attorney R. K. (Kerry) Fox, who could not be reached for comment.

Philip D. Kohn, the attorney representing York and the city, argued that the canvassing of the votes was not complete until York legally certified the results at the July 5 City Council meeting. By doing so, York made a special election in October impossible because the election must be held 114 to 129 days after the day the results are tallied.

Smallwood ruled that York should have certified the results in June so that the special election would not be consolidated with the general election. He said, “The legislative purpose here is to enable the electorate to have an election as soon as possible to replace officers who have been recalled.”

Kohn also argued that an October special election would be a waste of taxpayers’ money.

But Smallwood, in ruling from the bench, said, “I think that one has to assume that the electorate had in its mind that there might very well be some expenditures, even though (the special election) would be relatively close to the November election.”

He said Kohn could seek a stay on his order, which included a suggestion that the filing period for the Oct. 18 special election be open from July 26 to Aug. 11. Mayor A. B. (Buck) Catlin and council members Molly McClanahan and Don Bankhead were recalled and cannot run in the special election.

Kohn said he would discuss filing an appeal with city officials.

About 25 committee members left Smallwood’s courtroom happy with the ruling.

“We’re thrilled,” said Thomas S. Babcock, chairman of the recalls committee. “We’re ready for a special election and if the city gets a stay, then we’ll petition the court to have the stay lifted.”