My Friends

Arrow Up

Arrow Up
Arrow Down
,
  • Fri
    24
  • Sat
    25
  • Sun
    26
  • Mon
    27
  • Tue
    28
  • Wed
    29
  • Thu
    30
HauntFest on Main Oct 24, 2014 The third annual, family friendly event in Downtown El Cajon features two stages of live music, a carnival rides and games area, a Kidz Zone with outdoor movies, magic shows, pumpkin patches and more. 70 other events on Friday, October 24
 
Film
Adaptation of Patricia Highsmith novel tops our coverage of movies screening around town
Theater
Steve Martin and Edie Brickell’s musical leads our rundown of local plays
News
City’s contract tweaks both tighten and loosen requirements
Theater
A review of Cygnet Theatre’s production of Sam Shepard drama tops our coverage of local plays
Editorial
From San Diego City Council and Congress to Secretary of State and all the proposition, we have your ballot covered

 

 
Log in to use your Facebook account with
San Diego CityBeat

Login With Facebook Account

Recent Activity on San Diego CityBeat
 
Home / Blogs / Last Blog on Earth
. . . .
Friday, Jul 26, 2013 - Last Blog on Earth | News

Recall overhaul

Council member asks for policy review

By Joshua Emerson Smith
IMG_1946 Mayor Bob Filner at today's press conference
- Photo by Kelly Davis
Amid sexual harassment allegations against San Diego Mayor Bob Filner, city leaders are taking a close look at flaws in the city's recall law.  

Despite Filner’s vow to enter treatment at a packed press conference today, opponents have pledged to move forward with a recall effort.

La Jolla land-use attorney Michael Pallamary says he'll kick off his recall campaign in earnest on Monday and LGBT Weekly publisher Stampp Corbin, an ally of the mayor, published a notice of his intent to circulate a petition, Voice of San Diego reported, apparently to thwart other recall efforts. Petitioners would have 39 days to collect 101,596 signatures, with an additional 30-day extension should they fall short.

But, in May, VoSD raised questions about the constitutionality of the city’s recall-election rules. As Zachary Warma wrote:
The city’s Municipal Code, which lays out the rules for the process, contains what could be a key flaw. Chapter 2, Article 7, Section 27.2726 of the law, states, under a heading “Validity of Votes Cast,” “No vote cast for a candidate shall be counted unless the voter also voted on the recall question.”
Basically, if you want to vote for a new official to replace the booted one, you have to have also voted on whether to recall the official in the first place.
That provision could spell trouble for the city—a federal court has already struck down a similar statewide rule.

The City Attorney and City Clerk have been reviewing the law. And, today, City Councilmember Mark Kersey sent a memo to City Council President Todd Gloria urging expediency.

"Given the events of the past few weeks and the strong possibility of a recall petition's being circulated, we have an obligation to reconcile our Municipal Code with state law," Kersey wrote.  

In the memo, Kersey asks Gloria to docket the matter at the next council meeting. A spokesperson for Gloria told CityBeat that September is the soonest this could happen. The council has two more meetings scheduled before going on recess in August.

Update: In a memo this afternoon, City Attorney Jan Goldsmith says San Diego's recall law "would be found unconstitutional if challenged in court" and that it should be "promptly" repealed. 
 
 
Close
Close
Close