Judge Might Delay Special O.C. Election

An Orange County judge on Thursday threw into disarray plans for a Jan. 28 special election to fill a vacant Board of Supervisors seat, saying the ballot measure that made the vote possible is seriously flawed and may be thrown out.

Superior Court Judge Andrew P. Banks suggested that the election could be postponed until he makes a final decision on the validity of Measure V, which voters approved to give voters -- rather than the governor -- the power to fill board vacancies.

If he finds the charter is unconstitutional, the election would be called off, raising the possibility that Gov. Gray Davis would ultimately appoint a supervisor.

County attorneys will ask the board in a special meeting today whether they want to spend money on the election -- a minimum of $292,000 -- given Banks’ warnings.

By law, supervisors cannot stop or postpone the election on their own but can ask the judge to do so.

“We’re really in limbo,” said board Chairwoman Cynthia P. Coad, who said she’s still reviewing the court proceedings and hasn’t decided how to vote. “It puts the county in an awkward position, and it puts the candidates in an awkward position.”

Banks’ comments came three days after the registrar of voters finalized the Jan. 28 ballot and as the five qualified candidates were out campaigning.

Measure V was approved by Orange County voters in March. Before then, the county was governed by the general laws of the state. Measure V created a county charter, allowing Orange County to craft some of its own regulations.

The measure, written by outgoing Supervisor Todd Spitzer, contained a single provision allowing voters to fill board vacancies instead of the governor.

Measure V won broad support from the local Republican party because without a charter, Davis, a Democrat, would appoint Spitzer’s replacement.

Banks on Thursday faulted Measure V, saying it gave voters the mistaken impression that any future changes in the charter would be made only by a vote of the people.

Except for filling board vacancies, the charter simply carries over all other state laws and regulations. And those rules, the judge said, can be changed by the state Legislature without approval from county voters.

“It seems to me that this type of deficiency ... exposes the entire measure to challenge and to possible failure because what the voters were told may clearly be incorrect,” Banks said.

The judge will take up the matter again on Jan. 21. He said he might postpone the election on his own if the trial is delayed beyond that date -- a warning to the county’s attorneys to cooperate on pre-trial matters.

The judge also ruled that no other candidates could run if the election is postponed.

The lawsuit challenging Measure V was filed by several citizens, headed by Joe Kerr, chief of Orange County’s firefighters union. Their lawyers argued that the new charter failed to follow seven of the eight state constitutional guidelines on how counties may establish home rule.

Spitzer, as well as county attorneys, said the measure met all constitutional requirements, and also should be upheld because it put decisions in the hands of voters.

He said Thursday that supervisors already authorized spending money on the election, so it should go forward.

Critics said the measure was designed to boost the political fortunes of former Assemblyman Bill Campbell, one of the announced candidates. Spitzer endorsed Campbell, and some believe Spitzer sponsored Measure V to help Campbell. Spitzer has denied political motives.

Four of the five candidates seeking the 3RD District seat are Republican, as are most of the district’s registered voters.

The other candidates for supervisor are former Tustin Councilman Jim Potts; Robert Douglas of Orange, a reserve deputy sheriff; Douglas Boeckler, a supervising veterans representative from Orange; and William A. Wetzel, an educator from Orange.

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Times staff writers Seema Mehta and Stuart Pfeifer contributed to this report.