In court, Folsom mayor contests potential ballot removal by city ahead of Tuesday’s election

Folsom Mayor Kerri Howell has filed court documents arguing that city officials should refrain from intervening in an ongoing election.

The city of Folsom may remove Mayor Kerri Howell before Election Day because she allowed another council member to gather signatures for her campaign in a potential violation of state law, according to a petition filed by the city in Sacramento Superior Court.

Howell’s argument consisted of three main points: that the city cannot file for an “election contest” because the city as an entity cannot vote, that the matter should be decided post-election because she may lose, and that her candidacy was established when Sacramento County’s registrar of voters verified the signatures, according to the documents.

According to Howell’s argument, which was filed Monday, an “elector” is a person who is a United States citizen of 18 years or older and a resident of an election precinct in this state on or before the day of an election.

“The city of Folsom is not an ‘elector.’ It meets literally none of the criteria imposed by the legislature,” the filing argued. “As a result, the city maintains no standing under the elections code to bring its ... election contest.”

Howell is considered the “real party in interest” throughout the document, and the filing said that Folsom’s questioning of her eligibility to hold office during an election is “highly problematic” and “places a heavy thumb on the scale during a critical time.”

“Making any sort of judicial ‘findings’ and/or granting any sort of relief at this late stage of the election would result in irreparable harm to the city, its voters and real party in interest,” the document said.

Howell also said in the filing that the signatures were already validated and from voters in the 5th district, which includes neighborhoods north of East Bidwell Street.

Folsom officials said in their filing last month that “the city remained unaware of any irregularity until October 3, 2022, when The Sacramento Bee published an article quoting Ms. Howell’s claim that a third party helped collect the signatures on her Nomination Paper.”

The city sought a court order upon the recommendation of the state Attorney General’s Office.

Another hearing in the matter is scheduled for Friday.

If Howell is disqualified, her opponent Anna Rohrbough would automatically win. Rohrbough is a newcomer from Washington state where she previously held elected office. She moved to California three years ago, according to The Bee’s voter guide.

This story was originally published November 3, 2022 at 11:28 AM.