Elections, Initiatives & Referenda
The firm offers advice on compliance with election laws including laws affecting state and local ballot measures. It provides representation for clients pursuing or defending legal actions under the California Elections Code and local election ordinances including litigation of ballot measure issues.
Our Election Law Services Include:
- Ballot Access: Challenging or defending election official's determinations of candidate placement on the ballot.
- Ballot Arguments: Challenging or defending ballot pamphlet arguments that may contain false or misleading statements.
- Ballot Designation Determinations: Challenging or defending a candidate's ballot designation involving prohibitions against false or misleading designations.
- Residency Challenges: Challenging or defending a candidate's legal residency status before filing for office.
- Vote Watch: Observing the process of counting absentee and provisional ballots to ensure legal compliance.
- Recounts: Providing assistance in official manual recounts of election returns that are decided by small margins.
- Contested Elections: Contesting certification of ballot results by election officials based on allegations of illegal or improper conduct.
- Absentee Ballot Voting: Contesting or defending absentee ballots cast based upon questions regarding absentee voter application forms, processing of returned applications and charges of fraud or impropriety.
Our Ballot Measure Services Include:
- Pre-Election Services: Drafting proposals or reviewing drafts and initiative petitions for constitutional and legal sufficiency. Advising clients on numerous procedural requirements, including timely filing and publication of declaration of intent notices and required petition formats and restrictions. Challenging or defending in court the placement of a measure on the ballot, the title and summary assigned to a ballot measure, or the ballot arguments.
- Election Campaign Services: Advising clients on various tax and organizational issues unique to ballot measure campaigns, including filing for tax exempt status with the Internal Revenue Service and Franchise Tax Board. Advising clients on the sponsorship identification and disclaimer requirements of state and federal law. Advising clients on Federal Communications Commission rules and regulations. Preparation and filing of all required campaign disclosure statements.
- Post-Election Services: Challenging or defending substantive allegations involving the constitutionality or legality of voter-approved measures. Compliance with all financial and tax reporting requirements.