Tag Archives: Legislative Counsel

OC Special Election UPDATE: Leg Counsel Opines in Favor of Trung… Does This Mean Another Lawsuit?

Who cares what the democrat lawyers who work for Fabian Nunez and Don Perata think? It has no force of law. The campaign is over. Schroeder needs to stand down. He is only hurting the GOP’s chances of keeping this seat next year.

So why is “Been Around” on OC Blog angry at the “democrat lawyers”? Well, it looks like those “democrat lawyers who work for Fabian Nunez and Don Perata” have just contradicted Judge Brenner’s ruling in favor of Janet Nguyen by opining that the County Registrar was required to use a voter verified paper trail (VVPAT) in conducting the full recount. So have these “democrat lawyers” now given new life to Trung’s insane effort to overturn the election results? Follow me after the flip for more…

So is Team Trung now getting giddy all over again? Well, judge for yourself. Here’s some of what Trung Nguyen’s campaign had to say about the surprise opinion, courtesy of OC Blog:

The day after a Superior Court judge ruled that a full recount was conducted in the February 2, 2007, special election for Orange County First District Supervisor’s race, the Legislative Counsel for California Legislature released its 4-page legal analysis and finding that “a county registrar is required to use a voter verified paper trail (VVPAT), and not an electronic record, in conducting any full recount of an election in this state at which votes were cast on direct recording electronic voting system.”  (Legislative Counsel Finding #0710444) 

“The Trung Nguyen campaign filed its election contest stating that a full recount was not conducted by the Orange County Registrar.  Janet Nguyen gamed the system for tactical reasons” stated Michael J. Schroeder, attorney for the Trung Nguyen campaign and former GOP Chairman.  “We believe an appeals court will likely 1)agree with this legal finding; 2)overturn the trial court’s decision; 3)rule that a full recount was not completed; 4)find that the recount was null and void; and 5)uphold the first certified winner Trung Nguyen. 

“This legal finding by the very body that wrote the applicable Elections Code sections completely validates and supports all of the litigation positions taken by the Trung Nguyen campaign,” stated Schroeder.

“The law does not allow someone to game a recount so that the counting methods switch back and forth depending on whether the votes are favorable to them or not.  This is what happened here,”  stated Schroeder.

Oh yeah, so you don’t believe them? See the opinion for yourself…

“We conclude that a county registrar is required to use a voter verified paper audit trail, and not an electronic record, in conducting any full recount of an election in this state at which votes were cast on a direct recording electronic voting system.”

And here’s some more insight from Peggy Lowe at Total Buzz:

Brenner admitted yesterday that two sections of the law conflict eachother, but he also said he didn’t want to do what Schroeder had asked of him, which is rewrite the statute. Brenner did agree with Schroeder that there is a need to “harmonize” the two conflicting sections of the law.

You’ll also notice that the opinion says that “where uncertainly exists, consideration should be given to the consequences that will flow from a particular interpretation.” This is what Schroeder mentioned many times during his closing arguements yesterday, saying if the judge didn’t side with Team Trung’s interpretation, a kind of political Pandora’s Box would be open and chaos would ensue.

So what does this all mean? It means that the air of uncertainty has just crossed “The Orange Curtain” again. Now perhaps Janet Nguyen has an extra leg up now that she’s the duly elected Supervisor for the First District
But the sense of closure that was gained yesterday may, all of a sudden, slip away once more if Team Trung gains some new traction in their appeal process. We all knew that Trung and his political sugar daddies were planning to whine their way to the next court, desperately searching for another chance to undo the election…

But do they now have a legitimate chance of turning our world upside down once again? Hell, many more people here in Orange County might get angry at the “democrat lawyers” if this were to happen…