Posted by: thepinetree on 03/08/2017 07:11 PM
Updated by: thepinetree on 03/08/2017 07:11 PM
Expires: 01/01/2022 12:00 AM
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Court Rules that Ban Proponents Offered False and Misleading Ballot Arguments in Support of Measure B, Orders All Challenged Arguments to Be Changed or Deleted
San Andreas, CA...A Superior Court Judge has ruled that the authors of Measure B, Bill McManus and David Tunno, submitted numerous false and misleading ballot arguments in support of their effort to eradicate cannabis farming, even as the industry is poised to generate millions of dollars in local tax revenue. In a sweeping victory for Robert Bowerman, a longtime resident who filed the legal challenge, the Calaveras County Superior ruled on Tuesday that all eight of the ballot arguments challenged by Bowerman must be either changed or deleted before going out to voters.
The Court’s order comes after a lengthy hearing, which exposed various flaws in the ballot arguments that McManus and Tunno had tried to include in the voter information guide for Measure B. For instance, despite their claim that “illions of extra dollars to fight marijuana are available from the feds,” the Measure B authors conceded that most federal eradication money Calaveras County has ever received was a $40,000 grant in 2015. McManus and Tunno also admitted that a quote in their ballot arguments, which they attributed to Sheriff Rick DiBasilio, could not be substantiated.
Adrian Lambie, an attorney with the law firm Archer Norris, which represented Mr. Bowerman, focused on another topic. “I think one of the most important things to come out of yesterday’s hearing was the admission by Measure B’s authors that their initiative conflicts with state law, and the Judge’s observation that it will lead to more litigation and maybe even an invalidation of the entire Measure. Voters need to understand that this is a seriously flawed piece of legislation that will create far more problems than it solves. I am pleased that the ballot arguments will now reflect this more accurately.”
For his part, Bowerman feels vindicated but was quick to emphasize that he harbors no ill will towards his opponents. “I fully support Bill and David’s right to express their opinions in the voter information guide,” Bowerman said. “But this election is too important for those opinions to also include false statements of fact that could mislead voters. I am happy that the Court agreed.”
Ballots on Measure B must be returned by May 2, 2017. A full copy of the Court’s Order is available from http://www.calaveras.courts.ca.gov (Bowerman v. Turner, et al., Case No. 17CV42208).
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