Court Hearing on 2016 Primary Contest - Motion to dismiss by County

Citizens Oversight (2018-06-07) Ray Lutz

This Page: https://copswiki.org/Common/M1843
More Info: San Diego Primary Contest 2016
Venue: San Diego Central Courthouse, 1100 Union St, San Diego, CA 92101

After the 2016 Primary election, a contest was filed. Also, we had another case in process, the Election Audit Lawsuit. We tried to get to the ballots using the CPRA law, resulting in the Ballot Access Lawsuit. Now, we are continuing to push for access to the ballots based on the CONTEST filed. Read about the contest here: San Diego Primary Contest 2016

The main arguments by the County of San Diego are in their motion are:

1. It was filed in the wrong court (they say it should have been filed in Sacramento).
2. It is moot.
3. The errors made, if they are all proven could not overturn the state-wide results.
4. The ballots are sealed.
5. We delayed too long.
6. Service was incorrect.

Luckily, there is a legal provision in CA law (election code 16403) that prevents dismissal of a contest based on FORM. It took me a while to figure this out but it obviates many of their arguments. Arguments 1,5 & 6 are all due to form, so those SHOULD be thrown out.

The fact it it moot should not stop the contest, because the malconduct can recur and would be incapable of review. The Dem convention occurred only 19 days after certification and there is no way any contest could have been completed. So it should not be dismissed just because the convention already occurred.

The errors made COULD have overturned San Diego County, and we say the malconduct should not occur even if it does not mean that San Diego alone could overturn the election.

The ballots being sealed has no merit because the court can unseal them, and we don't even think they should have been sealed.

Here is the project page with all the filings:

San Diego Primary Contest 2016

Here is a video presentation about this filing:

https://www.facebook.com/raylutz/videos/10215294780790249/

COURT HEARING will be held on Thursday, 6/7/2018 regarding this motion to dismiss, 1:30pm, Dept 903, in San Diego (in the newly opened courthouse, 9th floor).

If the case is not dismissed, I asked that the court unseal the ballots so they can be reviewed as one ruling. If that does not happen all at once, I have another hearing date set aside for July 5 to unseal the ballots, and if all that happens according to plan, then we will conduct a careful audit of the ballots, esp. the early VBM ballots which appear suspect.

My thanks to the many people who helped me think about this and their review of drafts.

Common Calendar Entry

• 07 Jun 2018 - Hearing on Motion to Dismiss Contest at New Courthose in San Diego, 1100 Union St, San Diego, CA 92101 (1:30 pm) RSVP Details

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