The Bakersfield Californian offers Sludge Initiative on Hold, talking about the latest California jurisdiction hit with a lawsuit to remove an already qualified voter initiative from the ballot for ostensible failure to comply with section 203 of the Voting Rights Act. A snippet:
- The men’s civil rights were violated, the suit alleges, because the sludge petition used last year during the signature-gathering process was printed only in English.
A hearing in the case is scheduled for Friday in Fresno.
The argument fueling the lawsuit was born in November in Orange County. That is: Petitions, like ballots at the voting booth, must be printed in multiple languages in certain geographic areas.
Since November, Padilla versus Lever — or just Padilla, as legal folks refer to the case — has derailed initiatives in Monterey and San Bernardino counties. Officials in Orange County are currently questioning a second petition.
And now there’s Kern.
“Padilla opened up this Pandora’s box,” said Richard Hasen, a professor specializing in elections law at Loyola Law School in Los Angeles. “These are going to continue until the (U.S.) 9th Circuit Court of Appeals does something.”
UPDATE: Here is another story on the Monterey case, written before the 9th circuit’s denial of the motion.