 |
Marin Judge rules in favor of SMART on ballot language
Author: Mike Pechner
Date: 09-08-2008 - 18:40
FROM FRIENDS OF SMART:
The following press release was issued this afternoon.
For Immediate Release: Sept. 8, 2008
A Marin County judge today threw out sections of a ballot argument against Sonoma-Marin Area Rail Transit, ruling that the opposition's statements about a North Bay passenger train used false or misleading information. It was the second time in less than a week that the opposition's arguments against SMART had been ruled false or misleading. A Sonoma County judge on Sept. 2 ordered changes in the opposition's ballot argument in that county.
In Marin, Superior Court Judge Terrence R. Boren deleted five passages from the opposition's ballot argument. SMART had argued that seven specific sections should not be printed in the Voter Information Pamphlet, which is sent to all registered voters. By law, such statements may not include false or misleading information.
"The taxpayers shouldn't be forced to fund these kinds of outrageous statements," said Charles McGlashan, chairman of the SMART Board of Directors.
Judge Boren responded to complaints that his ruling was suppressing "free speech" or "political speech," noting that standards are different for a ballot argument that appears in what is an official government document and is produced at the expense of the taxpayers.
Still, SMART Chairman McGlashan said he hoped the opposition would also refrain from misleading the voters in its own campaign materials and public statements. "Misleading the public doesn't help our environment," McGlashan said. "Let's stick to the facts." He said the SMART board took the unusual action of seeking changes in the ballot argument because the statements included in it were so blatantly false.
Besides the action in Marin County court, SMART also sought changes in the opposition's ballot argument in Sonoma County, where Judge Elaine Rushing ordered changes to be made last week. "We didn't take this action lightly," said McGlashan. "We wanted to make sure the voters make their decision based on the facts, not the kind of misinformation that our opponents wanted to place in the ballot pamphlet."
SMART proposes a 70-mile passenger train system and parallel bicycle-pedestrian pathway between Cloverdale, in northern Sonoma County, and Larkspur, where the Golden Gate Ferry connects Marin County with San Francisco. A quarter-cent sales tax measure to pay for the project will appear on the Nov. 4 ballot as Measure Q.
The following press release was issued this afternoon.
For Immediate Release: Sept. 8, 2008
A Marin County judge today threw out sections of a ballot argument against Sonoma-Marin Area Rail Transit, ruling that the opposition's statements about a North Bay passenger train used false or misleading information. It was the second time in less than a week that the opposition's arguments against SMART had been ruled false or misleading. A Sonoma County judge on Sept. 2 ordered changes in the opposition's ballot argument in that county.
In Marin, Superior Court Judge Terrence R. Boren deleted five passages from the opposition's ballot argument. SMART had argued that seven specific sections should not be printed in the Voter Information Pamphlet, which is sent to all registered voters. By law, such statements may not include false or misleading information.
"The taxpayers shouldn't be forced to fund these kinds of outrageous statements," said Charles McGlashan, chairman of the SMART Board of Directors.
Judge Boren responded to complaints that his ruling was suppressing "free speech" or "political speech," noting that standards are different for a ballot argument that appears in what is an official government document and is produced at the expense of the taxpayers.
Still, SMART Chairman McGlashan said he hoped the opposition would also refrain from misleading the voters in its own campaign materials and public statements. "Misleading the public doesn't help our environment," McGlashan said. "Let's stick to the facts." He said the SMART board took the unusual action of seeking changes in the ballot argument because the statements included in it were so blatantly false.
Besides the action in Marin County court, SMART also sought changes in the opposition's ballot argument in Sonoma County, where Judge Elaine Rushing ordered changes to be made last week. "We didn't take this action lightly," said McGlashan. "We wanted to make sure the voters make their decision based on the facts, not the kind of misinformation that our opponents wanted to place in the ballot pamphlet."
SMART proposes a 70-mile passenger train system and parallel bicycle-pedestrian pathway between Cloverdale, in northern Sonoma County, and Larkspur, where the Golden Gate Ferry connects Marin County with San Francisco. A quarter-cent sales tax measure to pay for the project will appear on the Nov. 4 ballot as Measure Q.
| Subject | Written By | Date/Time (PST) |
|---|---|---|
 Marin Judge rules in favor of SMART on ballot language |
Mike Pechner | 09-08-2008 - 18:40 |