South Gate Rejects State Demand Over Elections

In an unusual challenge to the state’s top elections official, South Gate has refused to comply with his order to hand over its electoral process to county officials.

The action sets the stage for a legal showdown that would weigh how much control the state can wield in certain local contests.

The City Council voted late Monday night to reinstate its appointed elections officer after a city attorney said Secretary of State Bill Jones’ accusations of electoral fraud were “baseless.”

“The alleged findings in his order are not supported by any specific evidence,” said special counsel Eduardo Olivo in his opinion, adding that Jones has “no power regarding the conduct of local elections.”

But state officials repeated their accusation that South Gate officials tried to undermine recall efforts when they stripped the elected city clerk of her duties last year and installed their official.

The state officials said they will seek court action to compel South Gate to comply and do not rule out filing criminal charges.

“There has never been a city that openly defied an order of the secretary of state,” said Alfie Charles, a Jones spokesman. “The people in South Gate must have full and fair access to the elections process without any interference from the local political machine.”

The city’s action comes as a voter recall drive targeting some city leaders picks up steam. Recall proponents say they collected and turned in more than the approximately 5,500 signatures needed to force an election. The targets, Treasurer Albert Robles and three council allies, are accused of corruption, charges they deny.

The controversy centers on who should supervise a recall vote. The council majority stripped City Clerk Carmen Avalos of her duties, saying she was biased because she was the target of a recall herself.

But recall proponents said the fix was in when the targeted officials brought in Julia Sylva, an attorney who has represented some of Robles’ political allies.

Sylva has represented Richard Mayer, a former council candidate who ran on a Robles-backed slate. Sylva acted on Mayer’s behalf when he was a director for the Central Basin Municipal Water District, according to a 1997 letter she wrote to the district.

Jones says Sylva “cynically” manipulated the recall process in favor of the council, and last month he gave the city two options: reinstate Avalos or give the duties to the county registrar-recorder.

State officials are weighing their options, which include seeking a civil action to force compliance. They could also charge officials with failing to follow their electoral duties, a potential felony violation.

Meanwhile, the recall petitions remain under lock and key at the county registrar’s office, where a judge last week ordered they be held until the situation is resolved.

Sylva says she is impartial, but recall proponents fear she will throw out the recalls.

The legal battle could delay the recall process several months. A recall election can’t be scheduled until the signatures are verified, and that won’t occur until the dispute with the state is resolved.

Legal experts say that challenges to the secretary of state’s authority are rare and that the case could test the scope of his powers.

“The state has an interest in preventing corruption, but when it involves a local election, there’s an interest in local autonomy, and whether the people living in the area should be ultimately responsible on how an election is conducted,” said Rick Hasen, a Loyola Law School professor.