Elections Law
We have provided election consulting services to various city clerks and other public officials in over 100 elections. Our attorneys are knowledgeable in all aspects of municipal elections. We have prepared ballot measures, written measure analysis, advised election officials on code compliance questions, dealt with initiative and recall questions, written campaign finance ordinances, and dealt with an endless number of other questions, from absentee ballots, election signs, State and Federal Voting Rights Act issues, and all subjects in between.
Election cases must be brought and defended immediately and aggressively since election deadlines give such disputes priority over other matters. We have had great success litigating complex and high-profile matters under the California Elections and Government Codes. Our attorneys have also testified before State legislative committees on reforming the electoral process.
Expertise
- Taxes and other ballot measures
- Federal Voting Rights Act
- California Voting Rights Act
- Calling and holding of special elections
- Initiative, referenda and recalls
- Political Reform Act
- Impartial City Attorney analyses
- First Amendment litigation
- Absentee Ballot voting
- Contested elections and recounts
- Ballot arguments and designations
- Political sign laws
- Public information campaigns
- Electronic voting
Expertise in Action
Our Firm’s reputation for fair, impartial handling of election matters has earned us praise from our clients. When called upon to litigate election matters, we are highly experienced, having handled the most difficult and high-profile election cases, including election contests.
For example, we represented a city clerk and her volunteer elections board in an election contest challenging the results of a city council election. The litigants claimed the city committed errors in ballot counting, allowed non-qualified persons to vote, and failed to secure ballots. We successfully defended the city clerk’s handling of the election in all respects.
Another example is our representation of a city in a lawsuit challenging nine parts of the Arguments in Support of a city-initiated ballot measure, as well as the ballot question chosen by the city. We defeated every challenge.
We successfully defended a city in litigation brought by an elected official against the city. The case involved the official’s true residence and whether a proceeding in quo warranto constituted the exclusive remedy for addressing this dispute. We successfully defended the city’s removal of this public official from office due to lack of residency before the Los Angeles County Superior Court, the California Court of Appeals, and the California Supreme Court.
Other examples include the following:
City of San Bernardino – Litigation regarding ballot measure arguments and impartial analysis. (Clarke v. San Bernardino Bd. Sups., Case No. SCVSS 70176) and (McCammack v. Gonzalez, Case No. 70193).
Measure C, City of Carson. A gross receipts-based business license tax upon oil refineries and industries that blend, mix or refine petroleum products (November 2017). We drafted all election-related materials, including the ordinance enacting the tax.
Measure H, City of Perris. A measure that would allow the sale of a public water utility to a private water company (November 2017). We drafted all election-related materials, including the impartial analysis.
Measure M, City of Rialto. An extension of a utility users’ tax (June 2018). We drafted all election-related materials, including the ordinance enacting the tax.
Measure G, City of Perris. A gross receipts-based tax upon commercial cannabis distribution and manufacturing operations (November 2018). We drafted all election-related materials, including the ordinance enacting the tax.
Measure N, City of Hesperia. A measure that limits development in the city in a manner compliant with applicable State laws (November 2020). We drafted all election-related materials, including the ordinance enacting the measure.
Measure ES, City of South El Monte. A transactions and use (sales) tax (November 2020). We drafted all election-related materials, including the ordinance enacting the tax. We also provide advice relating to information that the City providing relating to the tax.
Measure K, City of Carson. A transactions and use (sales) tax (November 2020). We drafted all election-related materials, including the ordinance enacting the tax. We also provide advice relating to information that the City providing relating to the tax.
Measure CM, City of South El Monte. A cannabis ballot measure relating to cannabis regulations and taxes (November 2022). We drafted all election-related materials, including the ordinance enacting the associated regulations and tax.
Measure R, City of Carson. A measure extending the City’s Utility Users tax (November 2022). We drafted all election related materials, including the ordinance enacting the tax. We also provide advice relating to information that the City providing relating to the tax.
