Fullerton City Council candidate arrested on perjury charges

Scott Markowitz allegedly falsified nomination paperwork in his campaign to represent District 4 in southwest Fullerton, the Orange County district attorney’s office announced Tuesday.

He faces two felony charges after signing a document on Aug. 9 that stated he personally circulated 30 signatures from registered voters in order to qualify for the November ballot.

“American democracy relies on the absolute integrity of the electoral process,” O.C. Dist. Atty. Todd Spitzer said in a press statement. “Voters must have total confidence that every election is being carried out in a fair and unbiased manner.”

O.C. district attorney investigators arrested Markowitz on Monday night and booked him at Santa Ana Jail.

Under election law, anyone of voting age can help circulate nomination papers so long as the person signing off on the documents is the same person who witnessed the voter signatures.

Markowitz, under the penalty of perjury, attested that he had.

But a number of voters told investigators that Markowitz didn’t circulate the nomination papers they signed nor did he witness them signing them.

As a result of the investigation, Markowitz is charged with one felony count of perjury by declaration and another felony count of record of a forged or false instrument. He faces a maximum sentence of three years and eight months in state prison, if convicted of both counts.

With Election Day nearing on Nov. 4, Markowitz will still appear on the ballot for Fullerton’s District 4 City Council race. Mail-in ballots have already gone out to voters in the district.

But the O.C. district attorney’s office stated that Markowitz will be ineligible to take office if voters elect him to the seat. A special election would have to be called to fill the vacancy.

According to campaign finance documents, Markowitz hadn’t reported any funds raised for the race. He did note his party affiliation as Republican for the nonpartisan race and issued a candidate statement calling on “America First patriots to step up and get our city government out of the way of our citizens.”

The Republican Party of Orange County released a statement alleging election fraud.

“Markowitz was a registered Democrat, who switched parties before submitting fraudulent nomination documents hours before filing then proceeded to campaign as a ‘MAGA Republican’ to split the vote away from our only endorsed Republican and help the lone Democrat in the race,” it read.

Linda Whitaker, wife of current council member Bruce Whitaker, is the candidate in the race endorsed by the party.

Far from a lifelong Democrat, Markowitz switched his partisan affiliation from Democrat to Republican in November 2000 with the Orange County Registrar of Voters. He remained with the party through at least the 2020 primary election.

His District 4 opponents have already publicly responded on social media to news of the arrest.

Jamie Valencia thanked Spitzer’s office on Facebook for its “efforts to keep local elections honest and American democracy intact.”

Candidate Vivian “Kitty” Jaramillo expressed a similar sentiment on her Facebook page.

“I agree with DA Spitzer that voters must have total confidence that every election is being carried out in a fair and unbiased manner,” she said in a statement. “I welcome their investigation into the alleged actions of my opponent and we will continue to run a positive campaign focused on the issues that matter to South Fullerton residents.”

Markowitz was released early Tuesday morning after posting $25,000 bail.