Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Contra Costa County prepares for a confirmed PG&E Power Shutoff event, updates list of cities

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Offers list of County Charging Stations for mobile phones

By Susan Shiu, Director, Office of Communications & Media, Contra Costa County

Contra Costa County is preparing to respond to the impacts of a confirmed PG&E power shutoff event that will affect parts of the County. PG&E’s Public Safety Power Shutoff (PSPS) is expected to start around 12 noon on Wednesday, October 9th, through Thursday, October 10th, at 12:00 pm. According to PG&E, complete power restoration may take one to five days.

PG&E estimates that 51,000 customers in Contra Costa County could lose power. We expect the shutoff to impact over 120,000 residents of the County. The PG&E power shutoff event will affect large areas of the County, including Bay Point, Canyon, El Sobrante, Kensington, Lafayette, Moraga, North Concord, Orinda, Pleasant Hill, Pinole, Pittsburg, Richmond, San Ramon and Walnut Creek. PG&E notice: Rossmoor and Danville will NOT be impacted by the PSPS. PG&E expects to start restoring power on Thursday, October 10th with complete restoration possibly taking several days.

Contra Costa County is working to ensure that the public is aware of this PG&E power shutoff event.  The County’s Emergency Operation Center is now at a Level 2 partial activation.  Contra Costa County will be in business on Wednesday and Thursday. The Bay Point Health Center will be closed during the power shutoff.  Contra Costa Health Services (CCHS) is contacting patients to reschedule appointments. Patients can also call the CCHS appointment line at 1 (800) 495-8885. Contra Costa Regional Medical and all other county health centers are not expected to be impacted by the outage. CCHS will continue to provide services during the outage.

PG&E Community Resource Center

2600 Camino Ramon, San Ramon

County Charging Stations (for mobile phones):

The County Employment & Human Services Department is setting up charging stations for community members during the PG&E power shutoff. These charging stations are available in the lobbies of the following locations starting Wednesday, October 9th, from 8 am to 5 pm:

4545 Delta Fair Blvd., Antioch

151 Linus Pauling, Hercules

400 Ellinwood Way, Pleasant Hill

1305 Macdonald, Richmond

There are no scheduled public school closures in Contra Costa County for Wednesday, October 9.  For updates on school closures, go to www.cocoschools.org.

Go to Contra Costa County’s website at www.contracosta.ca.gov for updates, a PG&E map of impacted areas, and ways to prepare before, during and after a power outage. Check www.pge.com to register for wildfire alerts and for customer updates.

 

Cities in Contra Costa affected by PG&E Power Shutoff and what to do to prepare

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According to an email message from Tamar Sarkissian, media representative, for PG&E’s East Bay Public Affairs Team received by the Herald at 5:55 p.m., Tuesday evening, there will be 40,219 customers affected by the Public Safety Power Shutoff (PSPS) in the following communities in Contra Costa and Alameda Counties: Antioch, Pittsburg, San Ramon, Orinda, Lafayette, Moraga, Pinole, Richmond, Kensington, Walnut Creek, Pleasant Hill, El Cerrito, El Sobrante, Canyon, San Pablo, Rodeo, Concord, Martinez, and Berkeley and Albany.

The PSPS will begin at Midnight tonight (Tuesday/Wednesday) and last until noon on Thursday. However, it could take up to five days for the power to be restored.

Sarkissian also provided the following press release:

PG&E Will Proactively Turn Off Power for Safety to Nearly 800,000 Customers Across Northern and Central California

Portions of 34 Counties Will be Impacted by Widespread, Severe Wind Event Beginning Wednesday; New Counties Added Since Monday: Marin, Humboldt, Trinity and Kern

SAN FRANCISCO, Calif. – As a precautionary measure to reduce wildfire risk during the forecasted severe wind event, Pacific Gas and Electric Company (PG&E) confirmed that it will implement a Public Safety Power Shutoff (PSPS) in portions of 34 northern, central and coastal counties, affecting electric service for nearly 800,000 customers.

PG&E expects to begin turning off power in some areas early Wednesday, just after midnight. The power will be turned off to communities in stages, depending on local timing of the severe wind conditions, beginning with counties in the northern part of the state.

“The safety of our customers and the communities we serve is our most important responsibility, which is why PG&E has decided to turn power off to customers during this widespread, severe wind event. We understand the effects this event will have on our customers and appreciate the public’s patience as we do what is necessary to keep our communities safe and reduce the risk of wildfire,” said Michael Lewis, PG&E’s senior vice president of Electric Operations.

Customer notifications and impact

The company has been notifying potentially impacted customers and will continue to do so, via automated calls, texts and emails. However, customers not impacted by the PSPS may experience power outages due to PG&E equipment damaged during this major wind event; those customers will not be notified in advance.

It is very possible that customers may be affected by a power shutoff even though they are not experiencing extreme weather conditions in their specific location. This is because the electric system relies on power lines working together to provide electricity across cities, counties and regions.

Portions of Kern, Humboldt, Trinity and Marin counties have been added to the potential scope of this PSPS, in addition to the 30 counties identified Monday. Customers can find the full list of impacted counties, cities and communities at www.pge.com/pspsupdates.

Estimated time of restoration 2

 

Overall, based on the latest weather forecasts and models, PG&E anticipates that this weather event will last through midday Thursday, with peak winds forecasted from Wednesday morning through Thursday morning and reaching 40 to 55 mph, with isolated gusts up to 60 to 70 mph.

Before restoring power, PG&E must inspect its equipment for damage and make any necessary repairs. That process cannot begin until the severe weather event has subsided.

Given the prolonged period during which the wind event will unfold, and the large number of power line miles that will need to be inspected before restoration, customers are being asked to prepare for an extended outage.

PG&E will work with state and local agencies to provide updated restoration timelines following the conclusion of the severe weather event.

Community Resource Centers

To support customers in the affected areas, PG&E will open Community Resource Centers in several locations beginning on Wednesday, October 9, at 8 a.m. The centers will remain open during daylight hours only. Restrooms, bottled water, electronic-device charging and air-conditioned seating for up to 100 will be available at these facilities.

Centers will be opened at the locations below:

Contra Costa San Ramon Bishop Ranch Parking Lot – 2600 Camino Ramon, San Ramon 94583

How customers can prepare

As part of PSPS preparedness efforts, PG&E is asking customers to:

  • Update their contact information at pge.com/mywildfirealerts or by calling 1-866-743- 6589 during normal business hours. PG&E will use this information to alert customers through automated calls, texts, and emails, when possible, prior to, and during, a PSPS.
  • Plan for medical needs like medications that require refrigeration or devices that need power.
  • Identify backup charging methods for phones and keep hard copies of emergency numbers.
  • Build or restock your emergency kit with flashlights, fresh batteries, first aid supplies and cash.
  • Keep in mind elderly family members, younger children and pets. Information and tips including a safety plan checklist are available at pge.com/psps.
  • Continue to monitor PG&E’s new weather forecasting web page at pge.com/weather which is a dedicated page with weather forecasting information and a daily 7-day PSPS lookahead.

Generator safety

  • Backup electric generators can be a part of any preparedness plan, but they can also pose unique safety hazards.
  • It’s important to understand how to safely operate your generator before an emergency occurs. This means doing regular safety checks and being sure you have enough fuel to last a few days. If you don’t understand how to use your generator, you risk damaging your property, endangering your life and endangering the lives of others.
  • Position your generator where its exhaust can vent safely to prevent carbon monoxide poisoning, which can be fatal. Never run a portable generator in the garage or in the rain, and never store generator fuel in the house.
  • Additional tips on the safe use of generators can be found at PG&E’s Safety Action Center at www.safetyactioncenter.pge.com.

 

Pittsburg parolee arrested after crashing into car following multi-city pursuit by Sheriff’s Deputies

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By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

On Sunday, October 6, 2019, at about 8:10 PM, a vehicle heading southbound on Highway 680 near North Main Street passed a Deputy Sheriff at a high rate of speed. The Deputy attempted a traffic enforcement stop on the vehicle. The car did not yield leading Deputies on a pursuit.

The suspect vehicle went into Pleasant Hill, Concord, and Pittsburg before heading into Bay Point. While fleeing eastbound on the 2100 block of Willow Pass Road, the suspect struck a vehicle pulling out of a business. The three occupants in the vehicle that was hit were injured and taken to the hospital for treatment.

The suspect was arrested. He is identified as 27-year-old Conrad Mariscal of Pittsburg. He was booked into the Martinez Detention Facility on numerous charges including felony evading, reckless driving, possession of a controlled substance and transporting a controlled substance. Mariscal, who was also on parole, is being held without bail.

Anyone with any information on this case is asked to contact the Sheriff’s Office Investigation Division at (925) 313-2600. For any tips, please email: tips@so.cccounty.us or call 866-846-3592 to leave an anonymous voice message.

Man bound and beaten, another injured while trying to steal marijuana from illegal grow operation in Knightsen

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By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

On Saturday, October 5, 2019, at about 7:33 PM, Deputy Sheriffs responded to a report of a possible shooting in the area of 7000 Holland Tract Road in Knightsen. Deputies searched the area but were not able to find any evidence of a shooting or any gunshot victims.

Approximately 30 minutes later, a person called to say he was hiding in the bushes in a field. He stated his friend was also in the area and may have been shot. Sheriff’s Office STARR helicopter later located the two who were apparently trying to steal marijuana when they were confronted by several unknown men.

An armored SWAT vehicle was used to rescue the two men. One of the them had been bound and severely beaten by the unknown suspect(s), while the second man suffered minor injuries. Both were taken to a local hospital for treatment. Neither of them suffered from a gunshot wound.

Deputies searched for the suspects but were not able to locate them. The marijuana grow operation was illegal and has been eradicated.

Anyone with any information is asked to contact the Sheriff’s Office Investigation Division at (925) 313-2600. For any tips, please email: tips@so.cccounty.us or call 866-846-3592 to leave an anonymous voice message.

San Pablo woman indicted by Grand Jury for 42 criminal counts in widespread real estate fraud case

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Mercedes Gonzales. Photo by CCDA.

By Scott Alonso, Public Information Officer, Contra Costa District Attorney

Martinez, Calif. – Today, a grand jury indictment was unsealed against Mercedes Gonzales, a 25-year-old resident of San Pablo. The allegations in the indictment detail repeated criminal conduct committed by Gonzales against unsuspecting victims desiring to rent a house or room in West Contra Costa County, Sonoma County and Solano County.

In total there are 23 victims associated with the indictment. Gonzales was also charged in a criminal complaint filed earlier this week about a recent allegation of grant theft and receiving stolen property involving two victims. Overall, the prosecution was aided as a result of a joint investigation by the Richmond Police Department and the District Attorney’s Special Operations Division, Real Estate Fraud Unit. The Vallejo Police Department also assisted during the investigation and arrested the defendant last weekend.

In the spring of 2019, the Richmond Police Department received numerous complaints from victims about a real estate scam. An investigation was underway and ultimately the defendant was arrested and charged. During the summer additional information came to light about more allegations of fraud against more victims.

During late 2018 and throughout 2019, the defendant showed houses available for rent and posted about the listings on social media in Spanish. She would use an alias to post the listing on social media, including Facebook, and claimed she worked at Kaiser in Richmond. However, the defendant did not own or have the authority to rent the unit. The victims in turn paid the defendant in cash, money orders and cashier’s checks. Gonzales created fictitious rental agreements with the victims and collected deposits.

Gonzales appeared in-custody for an arraignment in Department 3 of the Contra Costa County Superior Court before the Honorable Patricia Scanlon. She pleaded not guilty to the charges alleged in the indictment. She is in custody and her bail is $540,000.

The investigations related to the alleged fraudulent activities committed by Gonzales is active and going. Members of the public with any information related to the defendant should call Richmond Police Department Sergeant Tong at 510-620-6668.

Deputy District Attorney Kristina McCosker is the prosecutor assigned to the case on behalf of the People. DDA McCosker is with our Special Operations Division, Real Estate Fraud Unit.

“The District Attorney’s Office Real Estate Fraud Unit cautions any member of the public when viewing a rental property. Please ensure that you see the entire property inside and outside as well as checking rental and sales websites to confirm no one else is listing the unit,” stated DDA McCosker. “Any suspicious activity can be reported to our Fraud Unit at 866-223-7283 in English or Spanish.”

Case information: People v. Mercedes Alexis Gonzales, Docket Number 05-191863-0 and People v. Mercedes Alexis Gonzales, Docket Number 01-191503-2.

Mujer de San Pablo acusada por un gran jurado por 42 cargos criminales y caso generalizado de fraude de bienes raíces

Martinez, Calif. – Hoy, se desveló una acusación del gran jurado contra Mercedes Gonzales, una mujer de 25 años, residente de San Pablo.  Las alegaciones en la acusación detallan la conducta criminal cometida por Gonzales contra víctimas desprevenidas que deseaban alquilar una casa o habitación en los Condados de Contra Costa, Sonoma, e Solano.

En total existen 23 víctimas asociadas en la acusación. Gonzales, también fue acusado en una denuncia penal presentada a principios de esta semana sobre una denuncia reciente de robo de subvención y la recepción de propiedad robada que involucra a dos víctimas. En general, la fiscalía recibió ayuda como resultado de una investigación conjunta del Departamento de Policía de Richmond y la unidad de Fraude de Bienes Raíces de la División de Operaciones Especiales del fiscal de distrito. El Departamento de Policía de Vallejo también ayudó durante la investigación y arrestó la acusada el fin de semana pasado.

En la primavera de 2019, el Departamento de Policía de Richmond recibió numerosas quejas de las víctimas sobre una estafa de bienes raíces. Una investigación tomo acabo y finalmente la acusada fue arrestada y acusada.  Durante el verano salió a la luz información adicional sobre mas denuncias de fraude contra más víctimas.

A finales de 2018 y a lo largo de 2019, la acusada mostró casas disponibles para alquilar y publicó sobre los listados en las redes sociales en español. Ella usaría un alias para publicar anuncios en las redes sociales, incluyendo Facebook, y afirmó que trabajaba en Kaiser de Richmond. Sin embargo, la acusada no era propietaria ni tenía la autoridad para alquilar la unidad. Las víctimas a su vez le pagaron a la acusada en efectivo, giros postales y cheques de caja. Gonzales creó acuerdos de alquiler ficticios con las víctimas y cobro depósitos.

Gonzales apareció bajo custodia por un juicio en el Departamento 3 de la Corte Superior del Condado de Contra Costa ante la Honorable Patricia Scanlon. Ella se declaró inocente de los cargos alegados en la acusación. Ella está bajo custodia y su fianza es de $540,000.

Las investigaciones relacionadas con las presuntas actividades fraudulentas cometidas por Gonzales están activas y continúan a tomarse acabo. Los miembros del público con cualquier información relacionada con la acusada deben llamar al sargento Tong del departamento de Policía de Richmond al 510-620-6668.

La fiscal del distrito Kristina McCosker es la fiscal asignada al caso en nombre del condado. Kristina McCosker está asignada a la División de Operaciones Especiales, en la unidad de Fraude de Bienes Raíces.

“La Unidad de Fraude de Bienes Raíces de la Oficina del Fiscal del Distrito advierte a cualquier miembro del público cuando ve una propiedad en alquiler. Asegúrese de ver toda la propiedad por dentro y por fuera, así como consultar los sitios web de alquiler y ventas para confirmar que nadie más este listando la unidad,” dijo Kristina McCosker. “Cualquier actividad sospechosa se puede reportar a la unidad de Fraude al 866-223-7283 en inglés o español”.

Información de caso: People v. Mercedes Alexis Gonzales, Numero de caso: 05-191863-0 e People v. Mercedes Alexis Gonzales, Numero de caso 01-191503-2.

 

Coroner’s Inquest Jury finds death of San Ramon man in Martinez jail was an accident

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Karthik Kandaswamy from his LinkedIn account.

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

Sheriff-Coroner David O. Livingston announces that a Coroner’s Jury has reached a finding in the November 4, 2018 death of 26-year-old Karthik Kandaswamy of San Ramon. The finding of the jury is that the death is an accident.

The Coroner’s Jury reached the verdict after hearing the testimony of witnesses called by the hearing officer, Matthew Guichard.

Kandaswamy was arrested by San Ramon Police for battery and resisting arrest on Saturday, Nov. 3. He ingested drugs after being booked into the jail and following efforts by sheriff’s deputies and jail medical personnel, was unresponsive and died early in the morning of Nov. 4

According to his LinkedIn account, he was a 2012 graduate of Dougherty Valley High School and earned a degree in computer science and engineering in 2015 from Santa Clara University.

A Coroner’s Inquest, which Sheriff-Coroner Livingston convenes in all fatal incidents involving police officers, is a public hearing, during which a jury rules on the manner of a person’s death. Jury members can choose from the following four options when making their finding: accident, suicide, natural causes or at the hands of another person, other than by accident.

Allen Payton contributed to this report.

 

Martinez woman gets three years in prison for embezzling over $200,000 from her employer

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Second employer she admitted to embezzling from

By U.S. Attorney’s Office, Northern District of California, Department of Justice

SAN FRANCISCO – Karen Posey was sentenced today to 36 months in prison, and ordered to pay restitution for stealing more than $200,000 from her former employer, announced United States Attorney David L. Anderson and FBI Special Agent in Charge John F. Bennett.

Posey pleaded guilty on December 11, 2018 to four counts of wire fraud, one count of bank fraud, and one count of access device fraud.  According to the plea agreement, Posey worked from July 2016-December 2017 as the business manager at a San Francisco-based architecture firm that designs schools and other public spaces nationwide with a focus on making them accessible to the disabled.  While employed there, Posey stole approximately $235,000 from the company.  She did so using various methods, including by writing unauthorized company checks to herself and then depositing them into her personal bank account, by using a corporate credit card to pay for personal expenses, and by using a corporate ATM card to withdraw large sums of cash.  In addition, as part of her plea agreement Posey admitted that, prior to working at the architecture firm, she worked at another San Francisco-based conservation company, where she embezzled more than $48,000 using similar means.

Posey, 58 of Martinez, CA, was indicted by a federal grand jury on August 30, 2018.  The seven count Indictment charged her with four counts of Wire Fraud, in violation of 18 U.S.C. § 1343 (Counts One through Four), one count of Aggravated Identity Theft, in violation of 18 U.S.C. § 1028A; one count of Bank Fraud, in violation of 18 U.S.C. § 1344(2) (Count Six); and one count of Fraudulent Use of Unauthorized Access Devices, in violation of 18 U.S.C. § 1029(a)(2) (Count Seven).

The sentence was handed down by the Honorable Charles R. Breyer, U.S. District Court Judge.  Judge Breyer also sentenced the defendant to a three-year period of supervised release to begin at the completion of the prison term and ordered her to pay restitution to the two companies from which she stole money.  The defendant will begin serving the sentence on October 4, 2019.

Ross Weingarten is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Marina Ponomarchuk.  The prosecution is the result of an investigation by the Federal Bureau of Investigation.

 

Walnut Creek woman sentenced to 28 months in prison for mail theft conspiracy with boyfriend targeting S.F. apartment complex

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Tyler Goforth and Jesslyn Felix in a photo posted on his Facebook page Oct. 3, 2017.

Boyfriend, also of Walnut Creek, sentenced in August to 27 months in prison

By U.S. Attorney’s Office, Northern District of California, Department of Justice

SAN FRANCISCO/SAN JOSE/OAKLAND – Jesslyn Felix was sentenced today to 28 months in prison, and ordered to pay restitution for her role in a conspiracy to commit wire fraud stemming from a mail theft scheme, announced United States Attorney David L. Anderson and United States Postal Inspection Service Inspector in Charge Rafael Nuñez.  The Honorable Maxine M. Chesney, U.S. District Judge, handed down the sentence. (See related article).

Felix, 35, of Walnut Creek, Calif., pleaded guilty to the charge on May 29, 2019.  According to her plea agreement, Felix admitted that she and her co-defendant, Tyler Goforth, 35, also of Walnut Creek, traveled repeatedly to the Beacon Apartment Complex, a large apartment building in San Francisco, to steal mail from Beacon residents.  The defendants visited the Beacon more than a dozen times between August 2017 and February 2018.  Felix and Goforth would enter one of the mailrooms at the Beacon, force open mailboxes, and then steal mail.  They then used personal information and documents found in the stolen mail to steal money from Beacon residents, which they spent for personal gain.  Specifically, Felix and Goforth activated credit and debit cards in the victims’ names, stole checks and gift cards, accessed bank accounts belonging to Beacon residents, and stole photo identifications which they then used to carry out their scheme to steal money.  In total, Felix and Goforth stole mail from more than 80 residents of the Beacon and stole more than $40,000 from them.

Mr. Goforth was sentenced for his role in the conspiracy on August 14, 2019, to 27 months in prison, to be followed by a three-year period of supervised release, and ordered to pay restitution.

A federal grand jury indicted Felix and Goforth on January 15, 2019.  The 14-count indictment charged each defendant with one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349; five counts of wire fraud, in violation of 18 U.S.C. §1343; six counts of theft of mail, in violation of 18 U.S.C. §1708; one count of aggravated identity theft, in violation of 18 U.S.C. §1028A; and one count of possession with intent to use or transfer five or more documents or authentication features, in violation of 18 U.S.C. §1028(a)(3).  Felix and Goforth both pleaded guilty to the conspiracy charge on May 29, 2019.

In addition to the prison term, Judge Chesney ordered Felix to serve a three-year period of supervised release to begin at the completion of the prison term.  Felix has been in custody since May 1, 2019.

Assistant U.S. Attorney Ross Weingarten is prosecuting the case with the assistance of Marina Ponomarchuk.  The prosecution is the result of an investigation by the United States Postal Inspection Service.

Clayton attorney on legal team suing state over immigrants voting, wins case for Pres. Trump on releasing tax returns

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Screenshot from Facebook video of press conference with attorneys Mark Meuser and Harmeet Dhillon, Tuesday, Oct. 1, 2019

Representing legal immigrants in effort to verify voters’ citizenship status

By Allen Payton

Elections law attorney and Clayton resident, Mark Meuser, along with attorneys Harmeet Dhillon and Gregory Michael of the Dhillon Law Group in San Francisco, sued California Secretary of State Alex Padilla on Tuesday, claiming the state is not ensuring only citizens are on the voter rolls. Meuser was Padilla’s opponent in last November’s election.

The suit was filed on behalf of three California voters, two of whom are legal immigrants “who earned the privilege to vote by becoming citizens of the United States,” Meuser said.

Meuser and Dhillon were also part of the legal team that was successful in court on Tuesday, when a federal judge barred California from requiring presidential candidates provide their tax returns in order to appear on the March 2020 Primary Election Ballot. It mainly targeted President Trump who has refused to release his tax returns.

Legal Immigrants Sue California For Failure To Verify Voters’ Citizenship Status.

In addition to suing Padilla, the lawsuit by the plaintiffs, Roxanne Hoge, Ali Mazarei, and Corrin Rankin, was also filed against Steve Gordon, director of California’s Department of Motor Vehicles for violations of the National Voter Registration Act. That was passed by Congress and signed into law by President Bill Clinton in 1993. Both Hoge and Mazarei are the legal immigrants who became citizens.

“Federal law says that a state is to ensure that only citizens are on the voting rolls” Meuser said. “California has admitted that they are doing nothing to verify citizenship prior to placing applicants on the voter rolls.”

“The National Voter Registration Act says three things,” he stated in an interview with the California Globe. “Number 1, is that the state shall determine eligibility. Eligibility and citizenship go hand in hand. All they are doing is looking at state records for felons or duplicate registrations.”

To see the entire complaint, visit Publius Lex.

“I am grateful that Publius Lex has agreed to assist in funding this important litigation,” Meuser shared. “Publius Lex is a 501c3 organization that assists in the funding of important civil rights litigation.”

Meuser is asking those interested in supporting the legal effort to please visit the website to make a tax-deductible donation.

Federal Judge Stops California from Keeping President Trump Off of California’s Presidential Primary Ballot

Senate Bill 27  was passed by the Legislature and signed into law by Governor Gavin Newsom in July, in an attempt to force President Trump to release five years of his tax returns. But the judge ruled the law unconstitutional, as it adds to the requirements to be president. The team of lawyers represented the National Republican Party, California Republican Party, and several California voters who sued the State of California and won.

Tuesday, United States District Judge Morrison C. England, Jr. issued an injunction prohibiting California from enforcing the law before they could be placed on the ballot. The judge ruled the law was unconstitutional because:

  1. The qualifications to serve as President are in the Constitution and California cannot add to the Constitution;
  2. The Republican Party has the right to determine who its standard bearer will be and California cannot interfere with the Republican primary process;
  3. Californians have the right to vote for the qualified presidential candidate of their choice and the state cannot tip the scales by pushing voters towards certain candidates by not placing candidates on the ballot;
  4. Under Equal Protection, California cannot treat independent candidates one way and candidates for the major parties a different way. This law did not require independent candidates to show their tax returns; and
  5. Federal law already mandated financial disclosures of presidential candidates and as such, the state was preempted from passing laws when Congress has already acted.

“Judge England’s opinion makes clear that California’s SB 27 was fatally unconstitutional in multiple respects: qualifications clause, First Amendment, Equal Protection, and also pre-empted by the federal statutes,” Dhillon said. “This order is a victory for the First Amendment, the rule of law, and for all citizens who want to cast their vote for the qualified presidential candidate of their choice without California’s interference. We hope that in light of this decisive, multi-layered opinion, California drops this biased effort to disenfranchise Republican voters, and moves on to more productive efforts designed to address California’s many substantive challenges that affect all California residents.”

“The Judge was very clear that SB 27 was unconstitutional and that the State has no authority to interfere with a qualified candidate appearing on the California Presidential Primary ballot,” Meuser added. “California cannot pass a law that interferes with the Republican Party selecting the standard bearer of its choosing.”

The judge’s decision can be read, here.