Ruiz

Ruiz v. Sylva

Caution
102 Cal. App. 4th 199·125 Cal. Rptr. 2d 351
Court of Appeal of CaliforniaSeptember 19, 2002B157433, B157803California6,643 words

Opinion

Opinion

Cooper, J.

Elections Code section 11041, subdivision (b) requires that “[a]ll petition sections shall be printed in uniform size and darkness with uniform spacing.” We hold that this statute requires the use of a uniform typeface in the statement of reasons for the recall and the answer of the recall target. The petitions submitted to the South Gate elections official to recall Raul Moriel, Xochilt Ruvalcaba, Maria Benavides, and Albert Robles (Petitions) do not actually comply with section 11041, subdivision (b). The statement of reasons for the recall and the answers of the recall targets were not printed in uniform typefaces. However, even though the Petitions do not actually comply with section 11041, subdivision (b), they are valid under the doctrine of substantial compliance. The purpose of section 11041, subdivision (b)—to ensure equal emphasis of the statement of reasons and the answer—was satisfied because neither the statement nor the answers were unduly emphasized.

The trial court also concluded that the Petitions were valid. We affirm the trial court’s grant of a petition for writ of mandate sought by proponents of the recall of Robles, Benavides, Ruvalcaba, and Moriel…

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