A court filing seeking an injunction to stop the recall election of Santa Ana Councilmember Jessie Lopez, after questions arose over which ward map should have been used to gather signatures, is expected to be heard by a judge Tuesday, Nov. 7.
Lawyers representing resident Guadalupe Ocampo filed the request on Friday, arguing the election is invalid because it failed to collect enough valid signatures and ballots were sent to ineligible voters. More than 350 voters received ballots who shouldn’t have, according to the filing, and more than 1,100 people who could vote in the election didn’t get a ballot.
Lopez was elected to Ward 3 in 2020, before the boundaries of that district were changed in 2022 based on the latest U.S. Census. The 2022 version was used in calculating how many signatures needed to be collected to force the recall election and what voters would receive ballots. OC Registrar of Voters Bob Page contacted Santa Ana leaders about the map question on Oct. 26.
The filing requests the court issue a declaration that the city was required to certify the recall based on pre-redistricting boundaries.
If the court doesn’t stop the election, the request asks the judge to have ballots issued to all registered voters in the pre-redistricted boundaries of Ward 3 and not count ballots cast by voters not within that area.
Voting is already underway in the Nov. 14 special election.
Ocampo, a registered voter in the pre-redistricted boundaries of Ward 3, does not live in the ward after the new boundaries were drawn in 2022 and did not receive a ballot, according to the court filing. She says in the filing she voted in the 2020 election and is now being “deprived” of her right to vote on who should represent her community on the City Council.
Lopez could not be immediately reached for comment. The Santa Ana City Council deadlocked last week on whether to cancel the election, with at least one councilmember saying it should be up to a court to decide.
Page, in a response fiing, told the court he “welcomes direction” from the court.
Tim Rush, chair of the recall campaign against Lopez, said the filing is just another tactic to kill the recall.
“That’s unfortunate, especially at this late hour,” Rush said. “It was interesting that nobody claimed that they felt their civil rights have been violated up until now.”
Rush said the recall supporters followed all the directions given by the city clerk and “if she had told us to turn around three times, and click our heels, and point north, well that’s what we’d do. We did what she told us to do.”
A hearing is scheduled before Judge Craig Griffin at 8:45 a.m. on Tuesday.
