TUSTIN : Referendum Effort on Elections Stalls

A legal glitch has stalled the referendum efforts of a Tustin group trying to overturn the City Council’s decision to change local election dates.

The group has gathered more than 600 signatures for a referendum, but some members, including leader Berklee Maughan, have stopped collecting signatures after learning of potential legal problems with the referendum.

City Atty. James Rourke said last week that he would advise the council that the referendum is not proper even if enough signatures are gathered.

Elections, he said, are not a proper topic for referendums. A spokesman for the California secretary of state’s office agreed with that opinion.

“The referendum has died,” said Councilman John Kelly, who had supported the effort. “I’m not going to collect any more signatures. All I can do is keep my fingers crossed that the judge rules in our favor Jan. 17.”

On that date a Superior Court judge is scheduled to hear a case brought last month by Kelly and Councilman Earl J. Prescott challenging the legal residency status of Ronald B. Hoesterey, who voted for the election-date change at his last meeting before resigning.

If the judge rules in Kelly’s and Prescott’s favor, Hoesterey’s vote, and hence the decision to change election dates, could be ruled invalid.

Prescott is not waiting until then, however. He has asked Assemblywoman Doris Allen to request an opinion on the referendum from the state legislative counsel. That opinion is due Monday, he said. Until then, he is still collecting signatures, which will be submitted as a petition if the referendum is ruled invalid, he said.

“It isn’t over until the fat lady sings, and in this case, that’s the legislative counsel opinion,” Prescott said.