Suit Accuses Irvine of Trying to Sway Voters

The former chairman of the state Republican Party filed a lawsuit Wednesday accusing the city of Irvine and four council members of improperly using nearly $300,000 in city funds to urge greater voter turnout in Tuesday’s election.

Michael Schroeder, an attorney who lives in Irvine, alleges in the suit, filed in Orange County Superior Court, that the city violated the state law that bars governments from spending public money to advocate positions in elections.

In November, Irvine became the first city in the state to authorize a program to register voters and urge citizens to go to the polls. The program included mailing registration forms and appeals, sending absentee-ballot applications and contacting voters on election day.

Three other cities--Dana Point, Laguna Hills and Mission Viejo--later joined the Vote 2000 program.

Attorneys representing Schroeder said they focused their suit on Irvine because the city has spent the most money. Tuesday’s election is crucial in South County because voters will decide the fate of a measure that could block Orange County’s plan to build a commercial airport at the former El Toro Marine Corps Air Station, which closed in July.

Measure F would require two-thirds voter approval before the county could build or expand airports, large jails or hazardous-waste landfills near homes.

“I’m not involved in either the Yes on F or No on F effort,” Schroeder said Wednesday. “I’m doing this because I think it’s outrageous that they’re spending public money on political efforts.”

The lawsuit seeks damages from the city and asks that the four council members who supported the Vote 2000 program--Larry Agran, Dave Christensen, Greg Smith and Mike Ward--repay the city for the money spent. The council authorized $176,500 in November, with Mayor Christina L. Shea dissenting, then boosted the amount by $121,000.

Council members said Wednesday that the program was cleared in advance with Irvine City Atty. Joel Kuperberg. They painted the lawsuit as an attempt by pro-airport forces to damage Irvine’s reputation as the election nears.

“It’s a desperate act by the pro-airport people because they know they’re going to lose,” Smith said. “Talk about wasting taxpayer money, having to defend the city and the City Council against something like this.”

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