Is Rubio ineligible for the 16th?
Update #2: The Secretary of State in a statement said it does "not have the legal authority to remove a candidate from a ballot."
It appears an interested party would have to seek a court order to remove Rubio from the ballot -- either the county or his opponent. The campaign of Republican candidate Tim Thiesen said it was premature to comment on that possibility.
**Update: The Kern County elections office has released a statement confirming Rubio actually lives in the 18th District, not the 16th, where he is running for office.
In a statement, the office said the precinct where he lives -- Precinct 595 -- "was created and incorrectly placed by the Elections Office in the 16th State Senate District."
"Supervisor Rubio acted in good faith, on information provided by the Elections Office,
when he filed as a candidate for the 16th Senate District. We have advised the Secretary of State of this error."
I am seeking comment from the Secretary of State on Rubio's eligibilty.
Is Democrat Michael Rubio ineligible to run for a Valley state Senate seat?
That's what the conservative Flash Report web site is suggesting today in a report that cites public records showing Rubio living just outside the 16th District. Election rules require that legislative candidates be registered to vote in the district they are seeking to represent. The latest voter registration information shows Rubio's Kern County address on a street that looks to be in the 18th District, but only a couple blocks away from the 16th District, according to this map on a Kern County web site.
Rubio, however, says that for the last six years he's voted for candidates in the 16th District. He said even his neighbors have cast ballots for 16th District candidates, a seat now held by the termed out Dean Florez, D-Shafter. Rubio said he put a call into the Kern County elections office but hasn't heard back. The office has not returned a call from The Bee either.
"I'm confident all this will be resolved and we'll continue to move forward," said Rubio, a Kern County supervisor who ran unopposed in the Senate primary.
There's a lot at stake for Democrats. If Rubio were somehow ruled ineligible, that would give a clear path to victory for Republican Tim Thiesen, a Dinuba real estate agent who has strong backing from incumbent Republicans in Sacramento who covet control of the Democrat-leaning district.
At the very least, the case raises some interesting questions. Is the Kern County map incorrect? If it is correct, and Rubio lives just outside the district, why has he been able to vote for 16th District candidates? And how was he cleared to run in the Democratic primary? Because of all that, would he have a good legal case to continue his candidacy?
Stay tuned.
Comments:
Wouldn't any voter in the district be an interested party?
Posted by: AVNevis at June 24, 2010 5:34 PM
Everyone knows that he's always been there for us. This isin't his fault that the county didn't follow the law, he's a house away not a district away. But he should now correct it and move into the district. All of his accomplishment should not overshadowed because the registrar, who has publicly stated, made a mistake. He followed the Law, the registrar didn't. So should all the registered voters, Republican or Democrat, that voted within this district be charged with voter fraud since 2002?
Posted by: Patriot Taxpayer at June 24, 2010 6:43 PM
This is ridiculous. Supervisor Rubio is an honest, dedicated, and sincere politician with an incredible ability to lead Valley residents while intimidating the petty Republicans. Any discrepancies are the fault of the registrar and can be corrected with minimal effort. Rubio is the most qualified for the office and the obvious choice. This issue will dissolve away; Republicans have cried "Wolf" one too many times.
Posted by: Gilbert Felix at June 24, 2010 9:08 PM
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