Originally posted at 8:13 a.m. March 24, 2014. Edited with new details.
Beverly Hills Councilman John Mirisch was two petition signatures short of qualifying for the June ballot in a bid for the state Senate after election officials today rejected a request to accept sworn declarations from voters whose signatures were rejected.
Attorneys representing the Republican Party had gathered "declaration under penalty of of perjury" statements from three couples, stating they had authorized their spouse to fill in the address portion of Mirisch's nomination papers next to their signature, The Beverly Hills Courier reported.
Election law requires each signer to complete his or her signature, printed name and address on petitions. The Los Angeles County Registrar- Recorder/County Clerk rejected the declarations, according to The Courier.
A judge in Sacramento ruled Friday that Mirisch's name would appear on the June ballot in his bid for the open 26th Senate District seat if he received 40 valid signatures on his nominating papers.
The Los Angeles County Registrar-Recorder/County Clerk rejected 12 of the 49 signatures on Mirisch's nominating papers, with five signatures rejected because the home address information was filled out by the signature gatherer, not the signee, The Beverly Hills Courier reported.
That left Mirisch short just three signatures. According to the Courier, Mirisch determined today that one of the rejected signatures -- which was tossed because the person appeared to live outside the 26th Senate District -- was actually valid and the signee was a district resident.
Mirisch's yearlong term as mayor ended today, but he remains a member of the City Council.
Los Angeles County election officials had originally notified Mirisch that his name would not appear on the ballot because they could not accept candidacy papers submitted by fax.
Mirisch said he was contacted by Matt Klemin, the external affairs director of the Senate Republican Caucus, on the eve of March 12 deadline to file because the party was looking for a potential candidate in a field without any Republicans.
Mirisch, who was in Washington for the National League of Cities Congressional Conference, faxed his campaign papers to the Los Angeles County Registrar-Recorder/County Clerk March 12, then sent them by overnight mail and they were received the following day.
Los Angeles County Registrar-Recorder/County Clerk Dean C. Logan notified Mirisch that Secretary of State Debra Bowen would not allow Logan to accept Mirisch's faxed candidacy papers, despite Logan's willingness to do so, according to the lawsuit filed in Sacramento County.
Both Bowen and Logan routinely accept election documents by fax or uploading, according to the lawsuit.
The lawsuit was filed in Sacramento because the court has jurisdiction over election matters, according to the Sacramento-based legal firm of Bell, McAndrews & Hiltachk, LLP, which is representing Mirisch.
Bowen, Logan and 100 unidentified individuals were defendants in the suit.
The 26th Senate District covers portions of the Westside and South Bay. The seat is being vacated by Sen. Ted Lieu, D-Torrance, who is running for the congressional seat of retiring Rep. Henry Waxman, D-Beverly Hills.
--City News Service