Practice Areas

 

Practice Area Details

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Elections

From qualifying for the ballot, to post-election disputes such as recounts and election contests, Remcho, Johansen & Purcell advises candidates, nonprofits, ballot measure committees, citizens groups, government agencies, political action committees, and individuals on all of the issues that may arise in the course of an election.

Our attorneys also represent our clients in election-related litigation, such as ballot pamphlet litigation, election contests, recounts, and challenges to voting systems.

Remcho, Johansen & Purcell's services include:

 

 

  • Advising clients on all campaign finance issues;
  • Representing candidates and ballot measure committees in disputes over qualifications to be placed on the ballot;
  • Challenging or defending ballot pamphlet arguments;
  • Challenging or defending candidate ballot statements and ballot designations;
  • Accessing, defending, and challenging the validity of voting systems and election procedures;
  • Monitoring election returns and the official canvass to ensure compliance with federal and state requirements;
  • Representing candidates and other interested parties in post-election disputes such as manual recounts and election contests; and
  • Monitoring ballot counts and election results on behalf of state and local candidates and ballot measure committees throughout the State of California.

Representative highlights of this work include:

  • City of Berkeley v. Dupuis, Alameda County Superior Court, No. RG14720117 (2014).
    Successfully represented the City in effort to use Council-approved redistricting map until a referendum election took place.
  • McDonough v. Superior Court, 204 Cal. App. 4th 1169 (2012); Constant v. Hawkins, Santa Clara County Superior Court, Case No. 1-12-CV-221239 (2012).
    Represented opponents of the City of San Jose’s Measure B in successful ballot pamphlet litigation upholding their ballot pamphlet arguments against Measure B, and striking partisan and prejudicial portions of the City’s ballot title and question.
  • Williams v. City of Alameda, Alameda County Superior Court, Case No. RG12622649 (2012).
    Won a court order upholding the ballot pamphlet title, summary, and statement in favor of the City of Alameda’s Measure C for the June 2012 election.
  • Dillman v. Bowen, Sacramento County Superior Court, Case No. 34-2012-80001093 (2012).
    Successfully defended Congressional candidate José Hernandez’s use of the ballot designation “Astronaut/Scientist/Engineer” for the 2012 election.
  • Represented Congressman Jerry McNerney during the canvass of the 2010 general election vote.
  • Riverside County Democratic Central Committee v. Dunmore, Riverside County Superior Court, Case No. RIC 10012986 (2010).
    Won a court order requiring the Registrar of Riverside County to count 12,500 ballots that the Post Office had failed to deliver on Election Day.
  • Represented Santa Clarans for Progress, supporting Measure J to build a new 49ers' stadium in Santa Clara, in ballot pamphlet litigation and with campaign advice.
  • Lin v. MacDonald, Alameda County Superior Court, Case No. RG10505983 (2010).
    Brought successful challenge to candidate's use of a false and misleading ballot designation on the June 2010 ballot.
  • Advised East Bay Municipal Utility District on comprehensive overhaul of its campaign finance ordinance.
  • Americans for Safe Access v. County of Alameda, Alameda County Superior Court, Case No. RG04192053 (2009).
    Represented the County of Alameda in a lawsuit challenging the County's election recount procedures for electronic voting systems.
  • Brought post-election lawsuit on behalf of the San Diego chapter of the League of Women Voters challenging the refusal to count write-in ballots for Donna Frye for Mayor where voters had not filled in the "bubble" next to the space for a write-in candidate.
  • Del Baccaro v. Brown, Sacramento County Superior Court, Case No. 06AS04494 (2007).
    Represented State Attorney General Jerry Brown in post-election litigation that unsuccessfully attempted to challenge his qualifications for office.
  • Successfully represented the Mayor of Vallejo in 2007 election contest.
  • Represented a group of concerned citizens in a successful challenge to prevent the California Secretary of State from certifying a voting system for San Francisco's first instant-run-off election in 2003 that would have been conducted solely by hand-tally.
  • Represented former Governor Gray Davis in a variety of legal challenges arising out of the 2003 recall election.
  • Represented former Governor Gray Davis in two election contests.
  • Represented San Ramon Valley Unified School District and New Haven Unified School District in 1995 election contests involving school bond elections.
* The results described above were dependent on the facts of that particular case.  Prior results do not guarantee or predict similar outcomes.