Metropolitan News-Enterprise

 

Tuesday, December 19, 2023

 

Page 1

 

Candidate’s Ballot Designation as ‘Mayor’ Is Disallowed by Registrar-Recorder’s Office

Reason Given Was Not That It’s Misleading Because He’s No Longer Mayor But Because Manhattan Beach’s Mayor Is Not Chosen by Electorate

 

By a MetNews Staff Writer

 

The Los Angeles County Office of Registrar/Recorder yesterday bounced the ballot designation submitted by Steve Napolitano, a candidate for Los Angeles Superior Court Office No. 39, finding that “Attorney/Mayor, City of Manhattan Beach” is impermissible.

His ballot designation is now “Attorney/Councilmember, Manhattan Beach.”

Napolitano is not the mayor; Richard Montgomery has held that post since March 21. But, as explained to him, Napolitano said, it is not that he is not the current holder of that office that caused the rejection but that the mayor of Manhattan Beach is not chosen by voters but is a rotating position.

Deputy District Attorney Jacob Lee, one of the four candidates in the contest, said yesterday that he “challenged Steve Napolitano’s previous ballot designation” and his “challenge was upheld.” Napolitano, however, said that Laticia McCorkle Amador, assistant division manager of the Election Information & Preparation Division of the Registrar-Recorder’s Office told him there had been no challenge and that the change was made as part of a routine administrative review.

Napolitano’s Comment

Napolitano commented:

“From what I know, Mr. Lee is taking credit for something not of his making.”

He added:

“It’s not like I need to make up being mayor, I’ve been mayor six times, and I’ve been a councilmember a lot longer than Mr. Lee has been a D.A.”

However, Crystal M. Litz of LP Campaigns provided a copy of her Dec. 11 email to Amador, on behalf of Lee for whom she is campaign consultant, setting forth a challenge.

Other Changes

The Registrar-Recorder’s Office also changed the ballot designations of three candidates—Kimberly Repecka, George A. Turner Jr., and Ericka J. Wiley—from “Deputy Public Defender” to “Deputy Public Defender, County of Los Angeles” to conform to the requirement of Elections Code §13107.

However, it has not acceded to the request by Deputy District Attorney Sam Abourched that the designation of one of his election rivals, La Shae Henderson, be disallowed. At present, she is described as a “Deputy Public Defender” when she is, in fact, a private criminal defense attorney.

Although Elections Code §13107 allows use of an occupation a candidate had in the previous calendar year—and she was a deputy public defender in 2022—Title 2, §20714(d) of the Code of Regulations specifies that “[i]f the candidate is engaged in a profession, vocation or occupation at the time he or she files his or her nomination documents, the candidate’s proposed ballot designation is entitled to consist of the candidate’s current principal professions, vocations and occupations.” It sets forth that only if “the candidate does not have a current principal profession, vocation or occupation at the time he or she files his or her nomination documents” may a former one be used.

The Registrar-Recorder’s Office has also not required that criminal defense lawyer Christopher Darden’s designation be changed from “Attorney/Professor,” as requested by an opponent, Deputy District Attorney Leslie Gutierrez. Darden is not a “professor”; he is an “adjunct professor” at a community college.

The prospect of writ proceedings looms as to the ballot designations of Henderson and Darden.

 

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