Failure to Act on Petition Provokes Judge

A federal judge chided city and county election officials Tuesday for turning Mayor Richard Riordan’s charter reform petition drive into a political football by refusing to decide if the measure has qualified for the ballot.

Judge Mariana R. Pfaelzer presided over a hearing to clarify legal issues over how and when the reform panel can be elected. But Pfaelzer said she could not rule on those matters until either the county registrar-recorder or the city clerk certifies whether the petition has enough valid signatures to qualify.

“I think this delay is inexcusable, but it’s nothing that this court can do anything about,” she said.

Pfaelzer did not place blame on any particular official, but was clearly annoyed that neither side would take the responsibility of deciding the petition’s fate.

“I am astonished at the behavior of both sides,” she said.

City and county election officials insist that the other is responsible for certifying the petition.

Lawyers for Riordan suggested that they would ask a state court-- which would have jurisdiction over the matter--to force either county or city election officials to certify the petition.

The dispute began when Riordan and his backers submitted 304,000 signatures to put the measure on the ballot, asking voters to create a charter reform panel.

The city clerk turned the petitions over to the county registrar-recorder to verify a 3% random sample of the signatures. Under state bylaws, the county is responsible for verifying signatures on charter reform petitions.

The registrar-recorder completed its task last week but declined to officially rule whether the petition qualified or not, saying that was the responsibility of the city clerk.

City Clerk J. Michael Carey disagreed, saying it is the registrar’s responsibility to certify the petition. Neither side is backing down.

The issue is complicated by a dispute over 419 signatures that were gathered by petition circulators who are not registered to vote in the city. Under city rules, the signatures must be thrown out. But under state rules, the signatures can be counted.

The petition will qualify for the ballot if those disputed signatures are counted. If the signatures are thrown out, the county will have to verify at least 197,000 of the 304,000 signatures--a task that would take up to 30 days, making it unlikely that the measure would appear on the April ballot.

Riordan’s former top aide Mike Keeley, who is acting as legal advisor on the petition drive, said at least 175 of those disputed signatures should be counted because he has evidence that the circulators were indeed registered voters.

Riordan and his backers sued the city and asked the court to rule that the 15 members of the charter reform panel be elected in April by district instead of on an at-large basis.

Lawyers for the city argued Tuesday that Riordan and his backers are premature in their lawsuit because the City Council has yet to decide when or how a reform election will take place.

After both sides made their arguments, Pfaelzer appeared to be leaning toward siding with Riordan’s lawyers. But she held off making her ruling, pending an official action to certify the petition.