Superior Court judge orders Santa Clara County Registrar of
Voters office to modify the
”
Yes On Measure A
– Rebuttal
”
Morgan Hill – A Superior Court judge has ordered the Santa Clara County Registrar of Voters office to modify the “Yes On Measure A – Rebuttal” before authorizing its use in sample ballot and voter pamphlets.
Judge Mary Jo Levinger Tuesday ruled portions of the ballot argument, submitted by proponents of the controversial land-use measure, mislabeled opinionated statements as “key facts.”
Short of deleting the challenged statements altogether, Levinger ordered the registrar to preface them as “key points” rather than “key acts.”
The four statements in question were:
n “This is why every environmental organization supports Measure A.”
n “Measure A freely permits wineries and farmers’ markets that sell local produce.”
n “Measure A discourages annexation to cities – they will no longer have to worry about inappropriate development on their borders.”
n “Measure A encourages private owners to make their lands available for public outdoor recreation.”
In her ruling, Levinger said the statements themselves, while misleadingly labeled, weren’t necessarily false or misleading.
“A statement in a ballot argument,” the ruling states, “is generally understood by the voting public to be the opinion of the writer. Almost all, if not all, statements concerning the effect … of an initiative can only be the opinion of the interpreter and the voting public is generally aware of this.”
The court challenge was triggered by a lawsuit filed Friday on behalf of opponents of Measure A, an initiative that would limit development in certain hillside and rural areas of the county.
Andre Charles, campaign director for the Alliance for Housing and the Environment, a group of farmers, Realtors and hillside property owners fighting the initiative put forth by the nonprofit People for Land and Nature (PLAN), said the court’s decision was “huge” because a number of voters rely on ballot arguments and rebuttals when they go to the polls.
“Even one word can make a huge difference,” Charles said. “I think it’s a clear victory for the ‘no on Measure A’ side, and more importantly, a victory for the voters of Santa Clara County because the claims of the opposition will now rightfully be labeled as opinions, rather than misleadingly labeled as facts.”
Jenny Derry, executive director of the Santa Clara County Farm Bureau, said she’s happy with the amended wording, but thinks voters should rely on other sources to inform their votes.
“I wished about 30 words had been changed,” Derry said. “I do hope the voters will be informed about the issue before going to polls.”
The farm bureau, as well as the Gilroy Chamber of Commerce, opposes Measure A.
Peter Drekmeier, campaign director for PLAN, a consortium of environmental groups pushing for the initiative, called the judge’s ruling a victory for his side because the four bullet points will remain intact in the rebuttal.
The lawsuit asked the judge to “delete” or “amend” the rebuttal.
“We’re in excellent position now,” Drekmeier said, calling it a busy week in court for Measure A proponents.
On Friday, a federal judge in San Jose denied a request to remove the initiative from the ballot so a civil rights case alleging violations of the Voting Rights Act could be hashed out in a jury trial.
“Our opponents seem pretty intent on sidetracking us,” Drekmeier said, adding he doesn’t anticipate more legal challenges.
The registrar of voters is currently in the process of compiling candidate statements, all necessary translations and other information that goes into the voter pamphlet for the November election. Sample ballots are scheduled to be mailed out to registered voters in the county Sept. 28 to Oct. 17.
Tony Burchyns covers the county for the Dispatch. Reach him at (408) 779-4106 ext. 201 or
tb*******@mo*************.com.
