On October 26, the California Supreme Court refused to hear Kunde v Seiler, S195849. This is the lawsuit over whether San Diego County election officials were correct when they let the Republican Party include campaign literature in the same envelope in which the government mailed sample ballots in May 2010 to Republican registrants. The election code lets parties include a self-addressed stamped envelope to make it easy for that voter to send a contribution to that party. The State Court of Appeals had ruled on July 13, 2011, that the law inplicitly permits party literature as well. The State Court of Appeals decision will now stand.
Elections Code 13305 explicitly states that a party may use either a party contributor envelope or a one-page letter which utilizes both sides. There is nothing implicit about that at all.
There is a requirement that the language not be critical of other political parties, so clearly the legislature anticipated that the letter be favorable to parties that use the letter. And why would you need two sides of the page to tell voters where to send a contribution.
In this case, the party advocated election of nonpartisan candidates as well as positions on various ballot propositions. Misguided as their opposition to the Proposition 14 was (Top 2 Open Primary) they were clearly within the law.
When will the Donkey regime strike back on having any propaganda inserts ???
A blatant 1st Amdt violation about the *critical of other political parties* stuff ???
I think they already did. The county election officials said it would save them money if they didn’t have to defend themselves against frivolous lawsuits.