Supervisor Bob Cruz’s wife filed a second official election
contest Friday challenging her husband’s recent loss in the
District 5 race in an attempt to have the result thrown out and a
new election held in November.
Supervisor Bob Cruz’s wife filed a second official election contest Friday challenging her husband’s recent loss in the District 5 race in an attempt to have the result thrown out and a new election held in November.
That lawsuit was filed by Marian Cruz three days after the Board of Supervisors, minus Bob Cruz, certified the election results for the Secretary of State’s Office.
The suit names Jaime De La Cruz, the certified winner, as required by law under the Elections Code. The original suit, filed March 26, tried to halt the county clerk’s election certification. That attempt failed when a Superior Court judge ruled a certification must take place before a contest.
The new election suit – which Cruz’s lawyer Harry Damkar previously indicated would be filed once the Board certified the election – includes the same allegations as the earlier suit. Both Marian and Bob Cruz declined to comment on the matter.
In both suits, Marian Cruz alleged improperly handled ballots contributed to De La Cruz’s victory.
In the suit she states 13 ballots should be disqualified, including eight absentee ballots returned improperly to the Elections Office. Absent voters are allowed to designate a family or household member to return their ballots, but eight were brought to the office by friends or others not eligible to do so.
She also states that De La Cruz mailed two absentee ballots, which candidates are not allowed to do.
The Secretary of State’s Office, a district attorney-hired inspector and a Salinas private investigator are examining the allegations. It is unclear when the investigations will be complete.
“We’re waiting to hear what the state, and the DA and everybody else may have found in their investigations,” Damkar said.
De La Cruz reiterated this weekend he would pursue hiring an elections lawyer to defend him.
“Oh yes, I’m definitely going to seek legal counsel,” he said, adding, “I have to spend my own money.”
He was referring to the Board recently hiring outside private lawyer Nancy Miller to commission the investigation and offer supervisors legal advice on the matter.
De La Cruz has 30 days to respond to the suit. After that, a hearing must be scheduled within 45 days.
