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Oakland Council Member Underfire By Allegations Of Election Code Violations.

by Lynda Carson (lyndacarson [at] excite.com)
Oaklands City Council
President to be sworn into
office for a second term on
January 8,but still is being
dogged by allegations of
election code violations.
Oakland Council Member Underfire By Allegations
Of Election Code Violations.
By Lynda Carson.
Oakland-1/2/2001
Oakland City Council Member Ignacio de La
Fuente is still underfire from allegations for Election Code Violations.Attoney General Bill Lockyer faces suit for blocking a Quo Warranto action from going forward.A quo warranto adjudicates the right of individuals to hold public office.
On January 5,2001,10:30a.m. in Sacramento,the Honorable Ron Robie shall preside over Case #00CS0139 "Ronald S.Zimmerman -Versus- Bill Lockyer Attorney General Of The State Of California".
This is a suit that attempts to overturn a recent
ruling that denied the Petitioner "Ronald S.Zimmerman"from filing a Quo Warranto with the State of California seeking to oust the sitting Council Member De la fuente of Oakland.
It was in January of 1997 that Mr.De la Fuente was sworn in as City Council Member in Oakland.
During June Of 2000,the application to sue in Quo
Warranto ( against De la Fuente) was served on the
Attorney General.During August of 2000 the
Attorney General denies application.Zimmerman
commences present action during October of 2000
seeking to overturn the denial to sue in Quo Warranto.
The exclusive remedy under quo warranto is the
removal from office of the elected office holder.
In this case that would apply to Oakland Council
Member De la Fuente even tho a second term of
office starts during 2001.
The allegations of Election Code Violations
are based upon the following.The Petitioner alleges that Mr.De la Fuente did not file a valid declaration of candidacy for the 1996 Election as required by California Election Code Section 8550.The declaration
of candidacy filed for Mr.De la Fuente was actually
signed by someone else by name of Lupe Valdez. Theres a number of alleged election code violations that arise from this situation alone with regards to penalty of perjury,and an alledged fraudently written letter submitted to the Clerk Of The Court with a file date
of November 34th, 1995,but signed on December 4th,
1995.This letter authorises a candidate application
packet to be received by Lupe Valdez on behalf of
Mr.De la Fuente from the City Clerks Office,but does
not authorise Ms.Valdez to fill it out nor sign her name on the declaration of candidacy which the
candidate is supposed to sign under penalty of
perjury.
Also in question,is the voter registration form
of Mr.De la Fuentes that is Filed on FEB 7,1996,but
signed 13 months before on 1/26/95.Besides the
signature being backdated by 13 months on the
voters registration form Mr.De la Fuente failed
to fill out either box on the form in the section
asking if he is a U.S. Citizen.YES or NO. Place of birth for Mr.De la Fuente is Mexico City,01/01/1946.
Mr.Zimmermans suit alledges that theres a
sufficient amount of evidence that reveals that
Mr.De la Fuente did not file a valid Declaration Of
Candidadcy to run for office.
Mr.De la Fuente is to be sworn into office for a second term on January 8.The present action
does not become moot when Mr.De la Fuente
is sworn in for a second term of office.

By Lynda Carson 01/02/20001
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