September 06, 2006

"Judge Modifies Measure A Statement"

"A Superior Court judge has ordered the Santa Clara County Registrar of Voters office to modify the "Yes On Measure A - Rebuttal" before authorizing its use in sample ballot and voter pamphlets.

Judge Mary Jo Levinger Tuesday ruled portions of the ballot argument, submitted by proponents of the controversial land-use measure, mislabeled opinionated statements as "key facts."

Short of deleting the challenged statements altogether, Levinger ordered the registrar to preface them as "key points" rather than "key acts."

The four statements in question were:

- "This is why every environmental organization supports Measure A."

- "Measure A freely permits wineries and farmers' markets that sell local produce."

- "Measure A discourages annexation to cities - they will no longer have to worry about inappropriate development on their borders."

- "Measure A encourages private owners to make their lands available for public outdoor recreation."

In her ruling, Levinger said the statements themselves, while misleadingly labeled, weren't necessarily false or misleading.

"A statement in a ballot argument," the ruling states, "is generally understood by the voting public to be the opinion of the writer. Almost all, if not all, statements concerning the effect ... of an initiative can only be the opinion of the interpreter and the voting public is generally aware of this."

The court challenge was triggered by a lawsuit filed Friday on behalf of opponents of Measure A, an initiative that would limit development in certain hillside and rural areas of the county."

The article is here.

Posted by Randy Riddle at September 6, 2006 03:12 PM