TUSTIN : Way Apparently Cleared for Election
A preliminary order issued Wednesday by the state Court of Appeal appears to support a controversial order by City Clerk Mary E. Wynn setting forth details of the April 10 City Council election, according to Wynn’s attorney.
Wynn’s order last week followed a Superior Court judge’s denial of her request to order two council members to approve polling places and precinct workers for the election.
Councilmen John Kelly and Earl J. Prescott, who oppose the April election, voted against the resolution and have questioned Wynn’s authority to issue the order.
But in a preliminary ruling Wednesday, the appeals court cited an Election Code provision that if precinct board members have not been appointed, the city clerk shall appoint them.
Wynn’s attorney, Robert Owen, said the ruling appears to give the city clerk the authority to proceed with the election.
Prescott and Kelly, who contest the legality of the ordinance moving city elections from November to April, have until Tuesday to respond to Wynn’s appeal of the Superior Court decision.
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