September 01, 2005

Developments in the Overseas Faxed Ballot Case

As previously noted, the Sacramento Superior Court issued a writ of mandate prohibiting the counting of overseas ballots returned by fax pursuant to Elections Code section 3103.5, concluding that the statute violated the secret ballot requirement of the California Constitution. The Secretary of State appealed that order, and has taken the position that the appeal stays the effect of that order.

The petitioner filed an application to transfer the appeal to the California Supreme Court. Yesterday, the Supreme Court denied the application, stating that "[t]his court's order in Bridgeman v. Shelley (S128311), filed October 15, 2004, ordering the Secretary of State to show cause before the Sacramento Superior Court, constituted a transfer of the proceeding to the superior court for all purposes, and the Court of Appeal accordingly has jurisdiction of the appeal from the ensuing judgment of the superior court."

You can read more about the matter here.

Posted by Randy Riddle at September 1, 2005 01:57 PM