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Judge delivers a SMART victory
Author: Mike Pechner
Date: 09-02-2008 - 17:47
The following press release was issued this afternoon.
Sept. 2, 2008
For Immediate Release:
A Sonoma County judge today ordered changes to a ballot argument opposing passenger train service for Sonoma and Marin counties, ruling that the opponents used "misleading" statements in their campaign against Measure Q.
Judge Elaine Rushing found "clear and convincing evidence" that the ballot argument against the SMART train project included information that would mislead voters. The judge then re-wrote the offending portion of the argument, which will be sent to every Sonoma County voter as part of the Voter Information Pamphlet.
"I'm very happy that Judge Rushing ruled in our favor," said Debora Fudge, vice-chair of the Sonoma-Marin Area Rail Transit Board of Directors. "This was a victory for the truth today."
The SMART board authorized the legal action after reviewing ballot arguments against SMART that were "filled with misinformation," according to Marin County Supervisor Charles McGlashan, SMART's chairman. In Marin County, a judge has been asked to delete or amend seven separate statements in the ballot argument against the SMART measure, while in Sonoma County, the court was asked to rule only on one.
"The action in Sonoma County bodes well for our hearing in Marin County, where the opponents tried to make these same false assertions - and more," said McGlashan.
Fudge said SMART "didn't take this action lightly," but decided to pursue a legal remedy to ensure a fair election based on the facts. She said it was a victory not only for the truth, but for the voters.
"The opposition has been stopped from confusing the voters with a campaign of false and misleading information," she said.
A hearing on SMART's petition regarding the Marin ballot argument is scheduled for next week.
Sept. 2, 2008
For Immediate Release:
A Sonoma County judge today ordered changes to a ballot argument opposing passenger train service for Sonoma and Marin counties, ruling that the opponents used "misleading" statements in their campaign against Measure Q.
Judge Elaine Rushing found "clear and convincing evidence" that the ballot argument against the SMART train project included information that would mislead voters. The judge then re-wrote the offending portion of the argument, which will be sent to every Sonoma County voter as part of the Voter Information Pamphlet.
"I'm very happy that Judge Rushing ruled in our favor," said Debora Fudge, vice-chair of the Sonoma-Marin Area Rail Transit Board of Directors. "This was a victory for the truth today."
The SMART board authorized the legal action after reviewing ballot arguments against SMART that were "filled with misinformation," according to Marin County Supervisor Charles McGlashan, SMART's chairman. In Marin County, a judge has been asked to delete or amend seven separate statements in the ballot argument against the SMART measure, while in Sonoma County, the court was asked to rule only on one.
"The action in Sonoma County bodes well for our hearing in Marin County, where the opponents tried to make these same false assertions - and more," said McGlashan.
Fudge said SMART "didn't take this action lightly," but decided to pursue a legal remedy to ensure a fair election based on the facts. She said it was a victory not only for the truth, but for the voters.
"The opposition has been stopped from confusing the voters with a campaign of false and misleading information," she said.
A hearing on SMART's petition regarding the Marin ballot argument is scheduled for next week.
Judge delivers a SMART victory