Alarcon Urges Court to Toss Out Katz’s Election Challenge

The San Fernando Valley’s hotly contested state Senate primary continued to generate controversy Tuesday as Democratic nominee Richard Alarcon called a lawsuit that challenges his victory “frivolous” and “a waste of resources.”

The lawsuit was filed July 6 by former Assemblyman Richard Katz, who lost to Alarcon by 29 votes in a bruising campaign.

In addition to the lawsuit, Katz called for a recount but canceled that effort when it became clear that it was increasing Alarcon’s lead.

The lawsuit--which names Alarcon as the main defendant--challenges the results of the election and alleges voting irregularities.

Specifically, the lawsuit charges that a campaign mailer put out by state Sen. Richard Polanco (D-Los Angeles) on Alarcon’s behalf tipped the scales by falsely linking Katz to the intimidation of Latino voters. Alarcon has since apologized for the mailer.

In his response filed Tuesday, Alarcon urged the Superior Court to throw out the lawsuit, saying it fails to provide enough specific information about the voting irregularities.

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Alarcon’s response also asserted that Katz relinquished his ability to challenge the election when he gave up the recount.

As for the Polanco mailer, Alarcon said Katz cannot challenge the election on that basis because statements made by candidates for office or their supporters are protected by the 1st Amendment.

“I’m disappointed that we have to act on this action,” Alarcon said. “I think it’s frivolous at best. . . . It is also a waste of resources.”

Lastly, Alarcon said the Superior Court does not have jurisdiction over the matter. Instead, he said the state Senate should rule on the dispute.

In a statement, Katz said the state Senate should not resolve the dispute because Alarcon’s biggest financial supporter, Polanco, is Senate majority leader.

“The conflict of interest in Mr. Alarcon’s position is self-evident,” Katz said.

A Superior Court judge is expected to set a date for the lawsuit sometime next week.