A California appeals court cemented Chula Vista Councilman John McCann’s seat on the City Council after the court upheld a previous ruling in a lawsuit challenging his election.
A three- judge panel of the Fourth District Court of Appeal unanimously agreed with San Diego Superior Court Judge Eddie C. Sturgeon’s ruling last April that the Registrar of Voters had discretion when interpreting election law when it came to counting votes.
The decision puts to rest a year-long battle over the ineligibility of 12 provisional ballots that attorney John Moot argued should have been counted in November 2014’s razor thin Chula Vista City Council race that saw McCann defeat former Mayor Steve Padilla by two votes, 18,448 to 18,4446.
The registrar did not count those ballots because, for most, the addresses on the ballots did not match the address on their registration.
Moot, who represented Chula Vista resident Aurora Clark, claimed that the registrar did not have the discretion to discard those votes.
“A year ago Mr. Moot and Ms. Murrilo Clark’s lawsuit was an ill-advised, frivolous undertaking and would only waste taxpayer money,” McCann wrote in an email.
“Now a year later, none of the four judges who have reviewed the case in depth have agreed with any of Mr. Moot’s arguments, proving the fact their lawsuit has been a substantial waste of precious taxpayer funds. I think Mr. Moot should have to explain himself and his legal judgment in not only bringing the case, but also his ill-considered appeal of the matter.”
Moot said Chula Vista taxpayers didn’t pay to fight the case because County Counsel defended the lawsuit with in-house counsel, so no taxpayer money was used.
While the decision keeps McCann on the City Council, it also supports the integrity of the Registrar of Voters Office during elections.
Timothy Barry, chief deputy county counsel, said the appeals court reinforced the outcome of the election.
“We’re pleased the court of appeal upheld the superior court’s ruling, which reaffirms the registrar’s procedures were appropriate and (the) opinion provides some clarity with respect to the scope of discretion that registrars have in carrying out their duty.”
Moot, who represented Padilla, said the appellate court’s ruling goes against politics.
“The decision runs counter to all the efforts the state legislature has made recently to increase the number of people to vote in elections which is already at historic lows,” he said.
The appellate judges also granted attorney costs on the appeal to McCann and the registrar. Attorney costs include filing fees and document fees.
McCann’s attorney, Brian Hildreth, said the issue of the court awarding attorney fees is still up for discussion.
“The law would support John McCann to recover attorney fees in this case because of its public interest,” he said.
However, Moot said McCann shouldn’t be awarded attorney fees because the lawsuit was against the registrar of voters and that by law McCann needed to be added on the lawsuit.
He also said the County of San Diego could have defended McCann in the case, but he opted to hire his own attorney.
Moot said he took the case pro bono and estimates he’s done between $30,000 to $40,000 worth of work in arguing the case.
Barry said the county won’t seek to recover attorney fees.
