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CASE STUDIES IN EMERGENCY ELECTION LITIGATION
Ballot Petitions
Do Not Have to Be Multilingual
Padilla v. Lever (Alicemarie H. Stotler, 8:02-cv-1 145),
Imperial v. Castruita (R. Gary Klausner,
2:05-cv-8940), and Chinchay v. Verjil
(Audrey B. Collins, 2:06-cv-1637) (C.D. Cal.) and
Madrigal v. County of Monterey (5:06-cv-1407),
Melendez v. Board of Supervisors (5:06-cv-1730),
Rangel v. County of Monterey (6:06-cv-2202),
and Rancho San Juan Opposition Coalition
v. Board of Supervisors (6:06-cv-2369)
(James Ware) and Heredia v. Santa Clara County
(Ronald M. Whyte, 6:06-cv-4718) (N.D. Cal.)
After nearly four years of litigation, the U.S. Court of Appeals for the
Ninth Circuit determined that recall petitions do not have to be of-
fered in multiple languages. The litigation began with a December
12, 2002, complaint challenging a petition to recall a member of
Santa Ana, California's school board in a February 4 election. Ulti-
mately, the litigation included complaints filed in 2005 and 2006 as
well.
Subject: Recall elections. Topics: Ballot language; ballot
measure; recusal.
After nearly four years of litigation, the U.S. Court of Appeals for the Ninth
Circuit determined that recall petitions do not have to be offered in multiple
languages. District courts ultimately applied the same rationale to initiative
and referendum petitions.
Santa Ana: Recall
A December 12, 2002, federal complaint filed in the Central District of Cali-
fornia's Santa Ana courthouse challenged a petition to recall a member of
Santa Ana's school board who supported bilingual education.' On the day af-
ter the plaintiffs filed a December 23 amended complaint, Judge Alicemarie
H. Stotler denied the plaintiffs a temporary restraining order, but she ordered
the defendants to show cause at a January 6, 2003, hearing why the February 4
recall election should not be enjoined.2 At the hearing, Judge Stotler denied
1. Padilla v. Lever, 463 F.3d 1046, 1049 (9th Cir. 2006); Docket Sheet, Padilla v. Lever, No.
8:02-cv- 1145 (C.D. Cal. Dec. 12, 2002) [hereinafter C.D. Cal. Padilla Docket Sheet]; see Daniel
Yi, Group Sues to Block Lopez Recall Election, L.A. Times, Orange Cty., Dec. 13, 2002, Cal.
Metro, at 3.
2. Order, Padilla, No. 8:02-cv-1145 (C.D. Cal. Dec. 24, 2002), D.E. 8; C.D. Cal. Padilla
Docket Sheet, supra note 1; Padilla, 463 F.3d at 1049.
Judge Stotler died on June 9,2014. Federal Judicial Center Biographical Directory of Fed-
eral Judges, www.fjc.gov/history/judges.
Federal Judicial Center 9/29/2018
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