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Palmdale to appeal judge’s decision to cancel council election

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2013 election debatesPALMDALE – Trial Judge Mark Mooney on Monday granted a preliminary injunction stating that Palmdale’s upcoming City Council election must be canceled. The City of Palmdale plans to immediately file an appeal and seek an emergency ruling, officials announced in a press release.

Currently, absentee ballots are in circulation to voters and some have already been cast.  However, this ruling would prevent tabulation and certifying the vote outcome.

“Since Palmdale’s election has already begun, we encourage those who have received their absentee ballots to vote and mail in their ballots,” said Palmdale City Attorney Matthew Ditzhazy. “The City of Palmdale wants to protect the Constitutional rights of its residents to have their voice heard through the voting process.”

“We regard this as a wildly unprecedented and radical ruling,” Ditzhazy said. “There has never been a reported case in California where a superior court judge has enjoined a regularly scheduled election five weeks before people are scheduled to go to the polls.”

City officials say not only is this ruling without precedent, but it is contrary to the Elections Code provisions set forth by the Legislature. While the Code does provide the exclusive means for a judge to interfere with an election, it also requires that the ruling would not “substantially” interfere with the conduct of the election. The California Voting Rights Act, which has never been ruled on before and the complex provisions which have never been interpreted, has resulted in the elimination of the election for more than 153,000 Palmdale residents.

“This ruling is not only highly unusual, it strikes at the heart of our republic, directly thwarting the will of the people,” Ditzhazy said. “Our City will immediately appeal the decision to fight for the rights of voters to voice their opinion.”

“Equally as perplexing is the fact that by halting the election, it will prevent what the voting rights lawsuit intended to do,” stated Ditzhazy. “Four candidates – Tom Lackey, Fred Thompson, Sir Daniel Duplechan, and Richard Loa – are vying for two seats. Three of the four candidates are minorities. That means at least one and possibly two minority candidates would be elected to the Palmdale City Council in November if the election were held.”

Under the ruling the current council, which was elected at large, will remain seated until the future election is held.

(Information via press release from the City of Palmdale.)

Previous related story: Shenkman/Parris file injunction to halt Palmdale election

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Filed Under: Palmdale, Politics

27 comments for "Palmdale to appeal judge’s decision to cancel council election"

  2. Actually Rex is not a king and I have known him since he first started his law practice he never claimed or callhimself a king. Yes he is stern and accomplished attorney. He represents Lancaster and all the intereest of Lancaster even if iot ruffles the feathers of residents of Palmdale. You Palmdalians need to clean up your back as well of front) yards then you_MAY___ have the right to condem Lancaster and our Mayor.

    • Actually both of my yards are immaculate and kept that way by me alone
      Your mayor is not representing you well by his recent endeavors, so you might want to chat with him about that.
      I believe in my heart that he wishes to be King of Palmcaster and will do anything to achieve that.
      Stern? Accomplished? How about (whoops) Ethical?
      …Oh yeah, last time I checked, I still had the right to free speech, even if I’m not allowed to vote.
      God bless America ( and I am an atheist)

    • William E.

      Surly you jest. Rex thinks he’s King (actually emperor) He’s a brash ambulance chasing shyster with little or no ethics. He’s the classic bully.

      And if the state A. G. ever gets off her Ass and investigates the no bid contracts with Frank Visco et. al. the whole group of them will be in prison.

      • And, just like a typical bully, he can quickly play the victim with those sad, puppy dog eyes of his.

        On TWC3 inteviews, he whined about the ‘Get Parris Out of Lancaster’ website for picking on him a few months ago. I never knew of that site before he blabbed and so I posted it here.

        Last night, he whined about the birthing issue and went off on a rant about racism being used.

        He whined and whined about the power plant like the hysterical bully/victim that he is.

        They don’t come much worse, do they, than R. Rex Parris?

        His nose gets redder and redder. Is he on the sauce?

        Soooooooo. Don’t use the word ‘bully’ without including ‘victim’. They go together.

    • I also know him and his aragance makes me sick. The billbaords, buses etc. but who knew you could make so much money chasing ambulances and dog bites. What we do in Palmdale is up to us what you do in Lancaster is up to you he needs to but out and keep the Paris mob in Lancaster.

  3. I have some bad news for Palmdale:

    While they maybe legally and morally correct, Rex will prevail because he owns ALL the judges including Kamela Harris.

    Rex is a money grubbing ambulance chasing shyster. He was on TWC 3 news last night. He is a sick so and so (They won’t allow 4 letter words that begin with an F on this site.)

      • With $$$$s. Remember a time when judges appeared to be upstanding people with ethics.

        Over and over again, a judge will be arrested for DUI or improper jury instructions, or what-have-you. I’m always surprised as I grew up to expect better from a judge than a lawyer.

        How would we ever know if he got $$$$s under the table. He certainly wouldn’t declare it as taxable income.

        I just hope the court that hears the appeal is smarter and wiser than this judge.

        If we win the appeal, a thousand Palmdale residents should celebrate on the BLVD like it’s 1999.
        On the night of Lancaster council meeting to be sure.

    • Ha ha, I guess so.Went to Supercuts today and was telling my hairdresser the story and she shooshed me when I mentioned Parris.Scathe when you can’t Eben unburden yourself to your hairdresser.

      • Heck, I told the butcher at Ben’s Corner that I wish they were in Palmdale instead because of Parris. That’s when I realized that I didn’t have to pay sales tax on food.

        I tell people every chance I get to not shop Lancaster.

  4. In the past two weeks Rex has brought more shame and ridicule to the Antelope Valley than all the meth heads and thugs combined! How much more damage is he going to do before the people wake up?

    • True that, but let’s not forget the main players in this without whom this would not be happening.

      • You mean the stooges he used to bring forth his lawsuit? They are pawns in Rex’s game of destruction. He will chew them up and spit them out when he is done with them. Except for Stan, Rex likes Stan and sticks up for him despite his homophobic and anti semetic comments. Wonder why Rex stands by his man?

          • Tonight on TWC 3, Mitchell Chase asked Parris about the number of births projected from the ‘birthing tourism’ and Parris quickly changed the subject and never answered it.

            He went off on his rants about racism and a commercial someone put on the channel and accused Mayor Ledford of being involved. Then, he tried to get Chase to agree with him about the commercial. Chase didn’t, however.

            He is simply a dishonest politician and that’s his best quality.

    • Nah. We are just not going to shop or dine in Lancaster, especially your silly BLVD.

      And, you can keep Parris, if you want. But, you won’t get our business.

      Oh, and if you must shop at COSTCO, just buy groceries since there’s no sales tax going to Lancaster from those purchases.

        • Thanks, Eva. Pass it on.

          We can comment here till we’re blue in the face but if we really are effective in causing sales to drop in Lancaster as a result by not shopping there, maybe the Lancaster businessmen will do something about Parris.

  5. Amazing and frightening how many people are unaware that this has happened, spoke to someone in Dr ‘s office who didnot have any idea and thought I must be wrong because she and her husband voted just last year.SMH…meanwhile according to the AVPress, Mr Parris is out of state and unreachable.

    • He’s probably hiding. What with the ‘birthing’ issue and this news, the usual big mouth doesn’t want to face the public.

      Maybe, while he’s gone, Lancaster can be moved and a fake movie set built like they did in Blazing Saddles for when he returns.

  6. Wow I see Parris has to swayed a Judge that should not be involved in politics. The ruling is contrary to election laws and I am sure that the State Supreme court will go with Palmdale. King Rex stay in your own neighborhood. You have damaged Lancaster’s reputation and now you want your kingship involved in Palmdale too. You are a joke to the fine people of Lancaster. Now what do you want to control next?