San Bernardino Seal

Ryan Hagen, Staff Writer
Posted: 07/29/2013 03:23:44 PM PDT

View: Legal writ of mandate

SAN BERNARDINO — The group attempting to recall city elected officials filed a writ of mandate on Monday asking the San Bernardino Superior Court to force City Clerk Gigi Hanna to count signatures against James F. Penman that Hanna has rejected as improperly collected.

The lawsuit says Hanna’s reason is a “false pretext” and her actions “are not supported by the facts or the language of Charter Section 122.”

It also asks the court to find that an “anti-recall petition” stating opposition to the sale of the city’s water system and a desire for anyone who signs the anti-recall petition to have their name removed from any recall petitions does not qualify as a withdrawal petition and that Hanna acted unlawfully by not invalidating it.

“We believe that Ms. Hanna has repeatedly violated provisions of the Charter and State Elections Law concerning the recall,” said Michael L. Allan, the recall committee’s attorney, in a prepared statement.

When the lawsuit is heard is up to the court, but campaign manager Michael McKinney said he fully expected legal issues to be resolved on a timeline that holds the recall election during the regularly scheduled citywide election on Nov. 5.

Hanna said she had not received a copy of the writ by close of business and so could not comment.

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