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PAYTON REINSTATED BY JUDGE!
HEADLINE: Judge reinstates Antioch write-in candidateBy Hilary Costa
East County Times
MARTINEZ — A Contra Costa County Superior Court judge on Monday reinstated Allen Payton as a qualified write-in candidate for Antioch mayor, reversing an earlier decision by the county clerk.
Judge Judith Sanders ruled that County Clerk Steve Weir must requalify Payton, therefore ensuring that votes cast for him in today's election will be tallied and counted.
"It was a fair decision and a right decision," Payton said. "Not just on behalf of my campaign, but for voters in Antioch."
Payton filed a petition for a hearing Friday in response to Weir's decision Thursday to disqualify him and Antioch City Council write-in candidate Thomas Judge because they did not file a required form, "statement of write-in candidacy."
The form was not given to the two candidates by Antioch City Clerk Jolene Martin. The form was given, however, to a third write-in candidate, Monique Lazzarini, who is running for mayor.
The mistake was missed by Martin and Contra Costa election officials until Oct. 28; nonetheless, Weir said the two men's candidacy was invalid as it is ultimately the candidates' responsibility to ensure they have properly filed.
Weir said Monday that his office will be "happy to count the vote" but would not have wanted to reverse its earlier decision without a judge's order.
Payton's petition requested that the county and city of Antioch reimburse him for his legal fees and the cost of a full-sized advertisement
Advertisementin the Times. Sanders said she would not rule on the reimbursement requests Monday, and advised Payton to file separately at a later date on that matter.
Write-in candidates are rare in Antioch. Deputy City Clerk Janet Chalk said this was the first time she had seen a write-in candidate in her 20-year tenure working for the city.
UPDATE!!! --- "Payton will appear before Judge at 1:30 p.m. Monday, Superior Court, Dep't 60, Martinez.
News Release For Immediate Release
10/31/08
County Clerk: Payton's Votes Will Be Counted
In spite of a decision by County Clerk Steve Weir on Thursday, disqualifying Allen Payton's candidacy for Mayor of Antioch, and regardless of the outcome of a last-minute legal challenge by Payton, write-in votes for him will be counted on Tuesday, according to Weir.
Weir qualified Payton's candidacy on September 29, but then disqualified him after the deadline for submitting paperwork had passed on October 21.
The form in question, a "Statement of Write-In Candidacy" was not provided to Payton nor was he informed it was required by the City Clerk until Tuesday, October 28.
However, the same form was received by the City Clerk from Payton's opponent and the other write-in candidate in the race, just two weeks before. Instead, Deputy City Clerk Janet Chalk provided him a checklist of required documents with the one entitled "Candidate Statement" marked through, on the two lines it appeared, and told him it wasn't required.
"What's the difference between a Statement of Candidacy and a Candidate's Statement?" Payton asked. "I'm not an attorney. I didn't know they were two different documents. Plus, the Clerk never provided it to me. I complied with everything they required to be an official write-in candidate."
On Thursday evening, Payton hired the law firm of Bell, McAndrews & Hiltachk of Sacramento, who are experts in elections law..
According to Payton's legal papers filed in court on Friday, he has met the legal test of "substantial compliance."
Prior to filing the legal papers Payton had a conversation with Weir on Friday morning.
"We don't actually tabulate any write-in candidates on Election Night," Weir stated. "We will report how many ovals are filled in without any names being associated with it."
"At the polling places, in the big metal ballot box, there's a big arm that diverts a write-in vote," he added. "And we hand check those a week or two later and you have a right to observe it."
"All you're going to know election night is the number of people who voted for a write-in candidate."
"We have to do the same thing with the vote by mail. We will allow people to watch. It's a hand process. No one can touch the ballots, but us."
"We've done hand counts before. This one is a little different."
We have 28 days to certify the election. Obviously this issue has more interest than others, like write-in candidates for President.
"We will work with you and the City," Weir told Payton.
Payton also has those same 28 days to obtain a legal decision if one is not handed down by the judge on Monday.
"The lady hasn't sung, the bell is not rung. I'm up against the ropes, but I have high hopes I will win," said Payton.
CLICK HERE FOR AN IMPORTANT UPDATE!!!
Dear Antioch Voter,
Right now Antioch faces increasing violent crime, unsafe neighborhoods, delays in traffic relief and local road repair, a lack of local, well-paying jobs, lack of a business-friendly attitude at City Hall, very little done with the downtown Rivertown revitalization, tax increases, wasteful spending and political games – in a few words, a deteriorating quality of life.
In the 10 years since I left the City Council, I’ve continued to do what I can to serve our community, through my businesses and volunteer activities. Antioch has changed during that time and not all for the better.
The current leadership has done what it can, but it’s not enough, and it’s also done things it shouldn’t have. The incumbent has had 8 years as Mayor out of a total of 26 years in public office and both candidates have had 10 years on the council to implement their vision and policies. Some good things have happened, some bad things have happened, as well – like the $200,000 tax increase on our water and sewer bills they just voted in last week.
We need new leadership, renewed vision and a plan to get the job done, now.
That’s why, after much encouragement from others, consideration and prayer, I am stepping forward to seek the office of Mayor of Antioch as the candidate with the necessary experience, education and energy to help lead our community to meet the needs and address the challenges we face.
During the four years I served on the Council serious crime went down as much as 40% citywide and 80% in the highest crime areas, by adding more police and focusing on community policing. We spent more money on road improvements than any other four years in the city’s prior history, I voted to approve the widening of Highway 4 from Bailey to Railroad Avenue and the first phase of the Bypass from Lone Tree to Balfour – which is still only two lanes, today. We developed an economic plan, hired the city’s first Economic Development Director and began implementing that plan, and we cut the budget, reprioritized city spending, implemented a new cost controlling employee benefits plan, and contracted out park maintenance saving hundreds of thousands of taxpayer dollars every year. And we developed the City Vision Statement which hangs in the Council Chambers today – for Antioch to be a “safe and diverse community in which to live, learn, work, worship and play.”
I support that vision and offer a plan to make it happen, called H.O.P.E. for Antioch – Highways, Opportunity, Protection & Education.
The people of Antioch need hope that things can and will get better. They need hope that we can complete Highway 4 and the Bypass and repair our local roads for traffic relief – so moms and dads can spend less time commuting and more time with their families and serving the community; that we can have local, well-paying jobs, a successful local economy with a green, clean technology business and education center, a deep water port facility and a revitalized downtown Rivertown; that we can feel and be safe and protected in our homes, neighborhoods, on our streets and in our parks and shopping centers, with more police, and without wasteful spending or tax increases without a vote of the people; and that we can have safer, better and higher education for our children, with a four-year private college in town and college-level classes from LMC, Cal State East Bay and Cal Berkeley.
This campaign is not just about change, but making things better. It’s for the hard working families who grew up here and those who came to Antioch to achieve the American dream, which has been tarnished by violent crime, foreclosures, long commutes, increasing taxes and a deteriorating quality of life. I’m running to help give them hope for a brighter future.
This campaign is also for all of those who have failed, made mistakes, fallen down and need to know and should believe they can get back up, dust themselves off and achieve their goals and dreams again, and make a difference in their lives and the lives of others. With the help of my faith, family and friends, I’ve been able to do that and want to help others and our City do the same.
Because it’s from mistakes that we learn and gain experience and from experience we gain wisdom, with which we can make good decisions for our future.
We can bring Antioch back – take it back from the thugs, criminals and troublemakers who have gotten away with their dangerous behavior for far too long; back from the elected officials who have forgotten who it is they’re supposed to be serving - with their political games, wasteful spending and tax increases.
Together, with God’s help, we can and will make it happen.
Having served on the Council before and all but one of the transportation boards serving East County, and as the only candidate who has started, owned and run a business, creating jobs and employing people, I believe I have a different perspective to bring to the office of Mayor.
So, I ask all those who also want to create a brighter future for Antioch to join me and write-in “Allen Payton” on their ballots for Mayor of Antioch in the November election.
During this campaign I will be sharing with you more details on my H.O.P.E. plan for a brighter future for Antioch.
I want to hear from each and everyone who wants our community to be better and is willing to help bring Antioch back and make the plan a reality.
For more information, please email me at allen@allenpayton.org or call me at 457-5324.
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