Folsom mayor can stay on ballot, judge rules in dismissing city petition to disqualify her
Folsom Mayor Kerri Howell can stay on the midterm election ballot despite a legal action by the city that could have disqualified her, a judge ruled Thursday.
The city wrote in a petition last month in Sacramento Superior Court that Howell potentially violated state election law by allowing Councilman Mike Kozlowski to gather several signatures for her campaign.
Sacramento Superior Court Judge Steven M. Gevercer dismissed the petition, finding that only voters have standing to file those complaints.
“In sum, the city, despite the troubling conduct it alleges, lacks standing for the writ it seeks, and the cause of action for such a writ must be dismissed,” the ruling read.
If Howell wins, however, a voter could file a legal action to challenge her election, the ruling read.
“A dispute regarding whether Howell is ‘eligible’ to hold the office will certainly be ‘ripe’ should she win the election,” the ruling read.
Howell who’s been on the council since 1998, faces a challenge from Anna Rohrbough, a newcomer to Folsom who moved to the city about three years ago. Rohrbough held elected office in Washington state prior to moving to California.
“Let the voters decide,” Howell said.
Kozlowski’s help for Howell became public in October when Howell disclosed to The Sacramento Bee that the councilman gathered signatures for her campaign. The Bee published her statement in a news story about Kozlowski’s residency.
City officials filed the petition in Sacramento Superior Court after reading the story in The Bee.
State law requires candidates to observe residents writing their signatures on nomination papers, according to the petition. If someone else collects signatures, that person must sign an affidavit for election officials. Howell was the only person who signed an affidavit for her signatures.
