Second ballot lawsuit fails

A Sacramento judge Friday tossed a lawsuit to keep congressional candidate Debbie Cook from using her title as Huntington Beach mayor on the June primary ballot.

A second lawsuit brought by Orange County Republican lawyer Mike Schroeder on behalf of his client Keith Carlson, treasurer of the Orange County Republican Party and a Huntington Beach resident, went before a judge at 1:30 p.m. Friday. By the end of the day it was dismissed, both on its merits and a technicality: Schroeder had failed to serve papers to Cook, as required.

Cook wasn’t being sued in the new case, just named as an interested party along with State Printer Geoff Brandt. After a court of appeals’ rejection Wednesday of his first case against Cook and the Orange County Registrar of Voters, Schroeder refiled his suit against California Secretary of State Debra Bowen as well as the registrars of Los Angeles and Orange Counties — this time in Sacramento, where any suit against the Secretary of State must take place.

As in the first case, Schroeder argued that Cook’s title of mayor is not her primary job and is a ceremonial position not chosen by voters; the position is voted on by City Council members and rotates yearly. Cook and her lawyer Mark Rosen argued that being mayor is her main job and in that role she has more duties that her fellow council members.

The Cook campaign said they were not surprised by the judge’s ruling, adding they believe the legal challenge reflected a real sense of concern from the Republican Party about the mayor’s electability in the traditionally conservative district.

“Obviously, we’re very pleased,” Cook said. “Unfortunately, they’ll think of something else…but we’ll just keep on doing what we’re doing, because it looks like we’re doing something right.”

Efforts to reach Schroeder and other attorneys representing Carlson were unsuccessful.

Gregory Luke, an attorney with the law firm that represented Cook, characterized the lawsuit as a waste of the court’s time.

“[His legal argument] was wrong, just flat-out wrong,” he said. “Interestingly, in the appellate case, the judge interestingly said that if you read the rule that narrowly, then even the president of the United States couldn’t list that as his title, because he was elected by delegates, not a popular vote.”

Luke noted there were two other Republican candidates in Orange County who used “mayor” as their ballot designation as well.

“I think the motivation for this suit is pretty clear,” he said.

Discussions with several prominent Orange County Republicans and party activists revealed mixed feelings about the lawsuit.

Many said that whatever the merits of the suit, the risk of blowback — especially in the case of failure — was troubling. Schroeder’s having to refile a case in a different court with a new defendant wasn’t good publicity, some local Republican leaders said.

“He’s done a great job to give her good name [recognition],” one local Republican activist complained.

MICHAEL ALEXANDER may be reached at (714) 966-4618 or at [email protected].