Lawsuit seeks to delay election to fill Maldonado seat

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Three voters in Monterey County have filed a lawsuit seeking to delay a special election to fill the Senate seat vacated when Abel Maldonado became lieutenant governor.

Gov. Arnold Schwarzenegger called the election for June 22, with an Aug. 17 run-off if no candidate receives 50% of the vote in June. Democrats and county officials had wanted Schwarzenegger to consolidate the election with the Nov. 2 general election but Schwarzenegger refused.

The lawsuit hinges on Monterey County, one of the five counties that make up the 15th Senate District. Because of a history of literacy tests and other obstacles to voting in Monterey County, it is one of only four counties in the state subject to special provisions in the federal Voting Rights Act.

Those provisions require federal review for any proposed change in Monterey elections, said Linda Tulett, the county’s registrar of voters. Everything from unscheduled dates to changes in polling places or voting machines must first be OKd by the Department of Justice.

The DOJ has 60 days to review those changes. But the election was called by Schwarzenegger less than 60 days after his proclamation.

‘We’ve been communicating these barriers with the administration from the get-go,’ Tulett said. ‘Letters were written, phone calls were made. We had a letter going out that day saying please don’t do this.’

Tulett said she has already missed federal mail deadlines to get ballots to overseas and military voters.

Schwarzenegger spokesman Aaron McLear said the administration is reviewing the case, but had not yet been served with papers by the plaintiffs.

-- Anthony York in Sacramento