Orange County Special Election Faces Challenge

Four candidates so far are poised to run for a vacant seat on the Orange County Board of Supervisors -- in an election that may never be held.

An Orange County Superior Court judge will decide Thursday whether to block the county from holding a Jan. 28 special election to replace Todd Spitzer, who was sworn in Dec. 2 to the state Assembly.

A group of citizens, led by union firefighter chief Joe Kerr, is challenging the creation of a new county charter passed by voters in March that requires special elections to fill board vacancies. Previously, the governor filled vacancies on the board by appointment.

The stakes are high, because the leading candidates are all Republicans. If the charter is struck down, Democratic Gov. Gray Davis would select the next supervisor.

The lawsuit says Measure V is unconstitutional because its backers failed to disclose the financial impact to voters of holding special elections when vacancies occur -- as much as $500,000. Voters were also not informed about Measure V’s effect on how the county is governed, and the proponents for the county charter failed to follow seven of the eight state constitutional guidelines dictating how counties may establish home rule, the suit alleges.

Measure V was proposed by Spitzer, who acknowledged his main goal was to prevent Davis from appointing his successor. Spitzer said the measure met all constitutional requirements, plus it leaves the decision in the hands of voters.

In a court hearing earlier this month, an attorney challenging the measure said it was designed to boost the political fortunes of former Assemblyman Bill Campbell, one of four announced candidates. Campbell had to leave the Assembly because of term limits and is being replaced by Spitzer. Friday, Spitzer endorsed Campbell, and his critics believe Spitzer sponsored Measure V to help Campbell gain his old seat.

“If we could get Mr. Campbell to stipulate that this [charter] was written for him, we could probably all go home,” said attorney Tom Umberg, a former assemblyman whose firm filed the lawsuit.

Campbell’s attorney told the judge last week that Campbell would be harmed if an election weren’t held because he has spent money on the campaign. Judge Andrew Banks said he will allow Campbell to make the argument in court but expressed skepticism about its relevance.

“For lack of a more legalistic approach ... who cares if he spent all that money if [the charter] is unconstitutional?” Banks said. “Just because you’ve spent money doesn’t make it constitutional.”

The other candidates for supervisor are former Tustin Councilman Jim Potts; Robert Douglas of Orange, a reserve deputy sheriff; and Douglas Boeckler, a supervising veterans representative from Orange. Candidates have until today at 5 p.m. to file nomination papers.

Orange Councilman Mike Alvarez withdrew from the race Friday, saying the pressure to conduct such a swift campaign, along with the pending legal challenge, created too many roadblocks. He also believes Campbell’s supervisorial campaign was orchestrated with help from Spitzer.

Alvarez noted that Campbell literature arrived in voters’ mailboxes just three days after Spitzer’s sudden Nov. 19 resignation from the board -- two weeks earlier than expected.

Until Measure V was passed, Orange County was considered a “general law county” that based much of its policies and procedures on state law. With approval of Measure V, Orange County created a charter that allows it to deviate from state law on certain issues such as appointment of vacant seats on the Board of Supervisors. Other counties have used charters to bring more sweeping changes to local government, such as term limits and creation of new elected offices.

Spitzer said he will monitor the court case from Sacramento. He argued that challengers are motivated by partisan politics, noting that Kerr is a Democrat.

“They’re not going to court because they’re interested in the niceties of how a charter was formed,” Spitzer said. “They’re interested only in ensuring that the governor makes the appointment and not the voters.”