Zippi’s ballot statement stands, judge rules

Alicia Robinson

For now, 70th Assembly District candidate Marianne Zippi’s ballot

statement, which refers to “good old boys” and political “insiders,”

will stand as written despite a challenge based on the statement’s

wording.

Orange County Superior Court Commissioner Eleanor Palk on Tuesday

denied a motion from plaintiff Scott Moody to delete some portions of

a 250-word candidate statement paid for by Zippi. Court clerk Carolyn

Hein said the motion was denied due to the statute of limitations.

The situation came before Palk on Dec. 19 after attorney Bruce

Peotter, representing Moody, filed papers requesting the court order

Zippi to remove parts of her statement. Peotter said the statement’s

comments about “good old boys” and “others” who “own a business

staffed with illegal immigrants” are illegal because they are obvious

references to Zippi’s Republican opponents.

State election law forbids candidates from referring to their

opponents in ballot statements, which are included in voter

information.

The statement does not make specific reference to anyone and is in

compliance with the law, Zippi said.

In earlier court proceedings, legal counsel for the Orange County

Registrar of Voters opposed Moody’s motion, saying it was filed after

a Dec. 16 deadline. In court papers, Peotter held that the deadline

was actually Dec. 21, so his Dec. 17 filing was timely.

“I’m happy that it’s denied because it was obvious that they were

too late to file,” Zippi said Tuesday.

The situation must be resolved by Jan. 9, when ballot statements

are printed, she said.

Peotter said he will file an appeal of the decision today.