San Joaquin County Superior Court Judge Robert Waters rejected an emergency bid to remove Desiree Lynch from the Nov. 3 ballot. The ruling keeps Lynch in Stockton's City Council District 5 runoff unless a later legal change affects the contest. Registered voter and former District 5 write-in candidate Shakeel Samuel Carpenter filed the Aug.
18 petition. He sought a writ—a court order—directing Stockton and county election officials to exclude Lynch. Waters denied the request Aug. 26, according to The Stockton Record's report via AOL.
Table of Contents
- Why did the judge reject the petition?
- Who advanced to the runoff?
- What about the criminal allegations?
- What should District 5 voters understand?
Why did the judge reject the petition?
Carpenter sought intervention under California Elections Code section 13314. Waters found that Carpenter had not shown the ballot-printing error or omission required under that section. A permit or deed involving property outside District 5 did not establish where Lynch lived, Waters said.
He also emphasized that Lynch had qualified through the primary process before voters cast their ballots. The decision therefore addressed whether the court had grounds to remove Lynch from this ballot. It did not settle every dispute concerning her claimed District 5 residence.
Who advanced to the runoff?
Incumbent Brando Villapudua led the June 2 primary with 1,173 votes, or 34.04%. Lynch received 1,054 votes, or 30.59%. Neither candidate won a majority, so both advanced to the District 5 runoff.
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The san Joaquin County Registrar of Voters certified the primary results on June 26. The registrar's July 14 general-election notice lists Stockton city Council District 5 as a Nov. 3 runoff contest.
What about the criminal allegations?
The San Joaquin County District Attorney announced Lynch's Aug. 19 arrest and five felony allegations connected to her claimed District 5 residency. They include three perjury counts, false voter registration and filing a false candidacy declaration, according to the District Attorney's release.
Those allegations remain unadjudicated. Waters stressed Lynch's presumption of innocence and declined to remove her in a way that would disenfranchise voters. The ballot ruling does not determine whether the allegations are true or false. It means Carpenter did not establish the specific grounds required for emergency ballot intervention.
What should District 5 voters understand?
The current ballot presents a runoff between Lynch and Villapudua. Lynch's continued appearance does not amount to a ruling that every residency question has been resolved. Voters should keep three distinctions in mind: Before voting, residents can check the San Joaquin County Registrar of Voters' election notices for any later legal change affecting the contest.
- The court rejected the requested ballot remedy.
- The criminal allegations remain unresolved.
- The certified primary results placed Lynch and Villapudua in the runoff.
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