Candidate Told to Alter Ballot Claim

A candidate for Orange County sheriff must remove a sentence from his ballot statement that describes the term of the incumbent, Michael S. Carona, as a “failure” marked by “scandal after scandal,” a judge ordered Thursday.

Superior Court Judge Steven Perk ruled that the 19-word sentence in Sheriff’s Lt. Bill Hunt’s campaign statement violated the state election code, which restricts statements to a candidate’s qualifications and plans if elected. Personal attacks on an opponent are not allowed.

“I don’t think the sentence is a viewpoint of a public issue, nor is it a platform,” the judge said. “I think the sentence is an attack on the qualifications of Mr. Hunt’s opponent.”

Hunt’s attorney, Judith Fouladi, argued the sentence should remain because it was neither false nor misleading and reflected Hunt’s opinion, which the law allows.

The judge also denied Fouladi’s request to include a replacement sentence stating that the sheriff’s leadership has been “tarnished by scandal,” saying it was a personal attack.

The lawsuit was filed by Aliso Viejo voter Ronald Young, who supports Carona’s bid for a third term. The suit named Hunt and the Orange County registrar of voters office, which is responsible for sending ballot statements to voters.

Michael Houston, Young’s lawyer, said his client “feels vindicated that their position was the correct one.”

“The other side fought hard, but this was a case where the law was clearly established, and this was a clear violation,” Houston said.

The ruling was a small victory for Carona, who has failed to win the endorsements of county Republican leaders and his own deputies.

Carona’s campaign spokesman, Michael Schroeder, said he was pleased. “The language that was stricken was consistent with the Hunt campaign, which has been entirely negative,” he said.

Tim Whitacre, a spokesman for Hunt’s campaign, said the ruling may be appealed.

“Of course we’re disappointed, but it doesn’t change the facts,” he said. “No one argued that [the sentence] was false or inaccurate.”

Hunt’s campaign has called the statement an accurate characterization of problems that Hunt would address if elected.

The state attorney general’s office is investigating whether Carona broke state law by billing his election committee for $130,000 in expenses that weren’t itemized, as required on campaign reports.

In other cases, two of Corona’s former top aides are facing prosecution for the alleged misuse of county resources. The state is conducting a separate investigation into allegations that the sheriff sexually harassed two women.