O.C. Keeps Plans for Special Election

Orange County supervisors on Friday decided to go ahead with a Jan. 28 special election to fill a vacancy on the board even though a judge has warned he might cancel the vote.

Supervisors, after an emergency closed-door meeting, said they are willing to spend the money -- at least $270,000 -- preparing for an election that may not be held rather than postpone the vote until legal questions are resolved.

The decision comes a day after a judge said that a ballot measure that made the election possible was seriously flawed and that he might find it unconstitutional. Measure V allowed voters -- rather than the governor -- to fill vacant supervisorial seats. If the measure is tossed out, Gov. Gray Davis could appoint a new supervisor. Five candidates are competing for the District 3 seat.

“We abided by the will of the people,” said Supervisor Tom Wilson. “If the judge wants to go against what the people have put in place, that will be his decision to make.”

Added board Chairwoman Cynthia P. Coad: “Obviously, the voters wanted it to happen, so we don’t really have a choice.”

A few speakers who attended a public meeting held before the closed-door session urged supervisors to delay the election, calling it a waste of money until the judge makes his final ruling.

“I’m outraged that this board would be so cavalier with the taxpayers’ money,” said David Thompson of Mission Viejo.

“It’s unconscionable you would spend hundreds of thousands of taxpayers’ dollars on an election that might not count.”

Orange County Deputy Sheriff Thomas Dominguez added: “$200,000 is a ... lot of money.... A simple delay of the election would avoid risk to the taxpayer.”

The election will replace former Supervisor Todd Spitzer, who resigned last month after being elected to the California Assembly.

Spitzer, a Republican, proposed Measure V with one thing in mind: To prevent Gov. Davis, a Democrat, from appointing his successor.

Spitzer on Friday praised the supervisors’ stance. “We need to fill the vacancy on the Board of Supervisors,” he said.

“The people have a right to be represented.”

Measure V, approved by voters in March, established a county charter.

The charter’s single provision calls for elections to fill vacant board seats. In all other areas, the charter carries over state laws and regulations.

The county expects to spend the first $60,000 Monday to print ballot materials.