A decision came out a little before 4:30 this afternoon…. the ballot language for Measure S will not be changing.
Judge Sean Dowling issued his written response to a request for a preliminary injunction and temporary restraining order on sending out the ballots because of wording on Measure S. The Judge did have split remarks, but because the petitioner could not prove both, the language was not impartial and that changing the ballots at this late date would not interfere with the election process, the Judge has denied the application. County Counsel Alison Barratt-Green is pleased the writ was denied.
But Counsel is disappointed the language was deemed slanted.
Attorney Stephen Munkelt, representing Patricia Smith, was pleased about the ruling that the language is not impartial.
But Munkelt is disappointed he did not have the opportunity to prove no interference on the election process.
Dowling agreed the ballot language missed the mark, but also stated the petitioner could not provide proof the change would not interfere with the election process.
As a result of Dowling’s ruling, ballots will be mailed beginning next Tuesday and early voting will begin on Monday as planned.