Posted on 06/27/2006 8:12:00 AM PDT by radar101
SAN BERNARDINO - Voters may never cast ballots on a controversial initiative that has drawn national headlines and divided the city on illegal immigration issues. The future of the so-called "City of San Bernardino Illegal Immigration Relief Act" is in jeopardy after Superior Court Judge A. Rex Victor ruled Monday that its proponent, city resident Joseph Turner, had not collected the needed number of signatures to force a vote.
Turner and other backers of the initiative will be given a 10-day window to collect the thousands of additional signatures that are needed, but Turner said he is not likely to pursue that possibility.
The initiative would have banned city-funded day-labor centers, punished those who did business or rented to illegal immigrants and required that city communications be done only in English.
But the legal challenge, brought on by lawyers representing San Bernardino resident Florentino Garza, did not concern the tenets of the proposal, but rather whether it ever should have qualified for a vote.
At issue was whether Turner should have used the city's November 2001 election or its February 2006 election as a benchmark for the number of signatures needed.
Victor determined that under the City Charter's "clear and unambiguous" direction, the more recent election should have been used and that City Clerk Rachel Clark erred in concluding that the signatures Turner handed in were enough to force a vote. "The City Clerk's May 4, 2006, notice of sufficiency is invalid," the judge said.
(Excerpt) Read more at dailybulletin.com ...
ping
Leace it to a California judge to figure out how to screw over the AMERICANS in favor of the wetbacks
OOPS leave it
Why states were stupid enough to give the power of judicial review to their OWN high courts is beyond comprehension.
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