As expected, today Judge Behnke turned aside Richard Johnson's attempt to get a court order to block the voters from considering Measure B on the June ballot. The judge declined to issue a ruling and continued the hearing to later in April. There are no substantial grounds for this blatant attempt to use the court to block a vote by the people. Very soon, the County Clerk will have to send the ballot to the printer and then any judge will be very unlikely to intervene.
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Measure B suit hearing delayed due to paperwork
By BEN BROWN The Daily Journal
Article Last Updated: 04/02/2008 08:41:20 AM PDT
A request by Green Party member Richard Johnson for an injunction to stop the printing of ballots for the June 3 election because of objections over Measure B was delayed Tuesday over procedural issues.
"What we're trying to avoid here is a rush to the printing press," Johnson said.
He said he was seeking to stop the ballots from being printed pending the completion of two recently filed lawsuits -- one he filed and the other filed by Paula Laguna and George Hanamoto.
Johnson's suit alleges that Measure B defies the will of the voters by trying to repeal Measure G. Laguna and Hanamoto's suit alleges that Measure B cannot be placed on the ballot because it contains two subjects, and thus violates the California state constitution, according to the lawsuit.
Measure B, which was placed on the ballot by the Mendocino County Board of Supervisors in January, would set possession limits for medical marijuana in Mendocino County at 12 immature or six mature plants and eight ounces of dried marijuana, the same as the limits set by the state.
Measure B would also repeal Measure G, the 2000 ballot measure that instructed law enforcement to make the prosecution of anyone growing fewer than 25 plants its lowest priority.
Johnson said he was asking the court to stop the printing of the ballots because it would save the county the time and expense of having to reprint the ballots in the event that either he or Laguna and Hanamoto were victorious.
"Either I or Laguna, or both, have a good chance of prevailing," Johnson said.
Ballots for the June election must be printed by April 24 and mailed by May 5.
Mendocino County Superior Court Judge Richard Henderson said that neither the court nor Mendocino County Associate Counsel Frank Zotter had all of the necessary paperwork to hold a hearing Tuesday.
Henderson scheduled arguments for Johnson's injunction for April 18 at 9:30 a.m. in Department E.
Laguna and Hanamoto are scheduled to have their first hearing April 11.
Ben Brown can be reached at udjbb@pacific.net.
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