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Marin Post
Kate Sears violates California Elections Code – Marin Registrar of Voters must enforce rules
Quickly following on to her “push poll” debacle, incumbent Marin Supervisor, Kate Sears, continues what some have called her “sleazy” campaign tactics, by attempting to cast aspersions upon her opponent, Susan Kirsch.
As prescribed in the California Elections Code, in Section 13300(a), no later than 29 days prior to a primary, County election officials must prepare a sample ballot, which will be distributed my mail to all registered voters. In Marin County, this is handled by the Marin Registrar of Voters.
That sample ballot contains candidate’s statements prepared by each candidate. Per Code Section 13307(a)(1):
The statement may include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidate's education and qualifications expressed by the candidate himself or herself.
However, the most important provision regarding candidate’s statements is found in Code Section 13308, which states that:
In addition to the restrictions set forth in Section 13307, any candidate's statement submitted pursuant to Section 13307 shall be limited to a recitation of the candidate's own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate's qualifications, character, or activities. [Emphasis added].
The intention could not be clearer. Blow your own horn but don’t talk about your opponent(s).
In her draft statement, a copy of which is posted below, Supervisor Sears, who some have begun calling “Kate Smears,” made the following statements:
In this campaign, misleading charges will be leveled. Facts will be distorted. I urge you to seek out the truth. That’s what I’ve done through hundreds of community meetings. My office is transparent. My door’s always open. Now’s not the time for a rookie.
Wow! Talk about misleading charges and distorted facts, not to mention a continuation of what can only be classified as full blown paranoia. It’s hard to even begin to deconstruct the absurdity and convoluted hypocrisy of these statements.
But let’s give it a try.
In this campaign, misleading charges will be leveled. Facts will be distorted.
Since Kate Sears is only running against one other person, Susan Kirsch, Sears is either admitting that she will be the one making misleading charges and distorting facts (there is ample evidence of that), or, without a shred of evidence whatsoever, she’s accusing Susan Kirsch of doing these things in the future. Is Kate now clairvoyant?
Let’s go on.
I urge you to seek out the truth.
A tried and true political ploy: after falsely accusing your adversary by flat out lying, the slanderer now paints herself as the very definition of “truth.” The word “ironic” doesn’t even begin to express how the mind boggles at this one.
Yes, Supervisor Sears, as you note in what has to go down as a major Freudian slip, you certainly are being “transparent,” in every possible way.
Which brings us to Ms. Sears’ final cheap shot:
Now’s not the time for a rookie.
Okay, Kate. You’re an attorney, right? Is there something unclear to you about the intention of the Election Code when it says that a candidate’s statement “shall not in any way make reference to other candidates for that office or to another candidate's qualifications, character, or activities”?
How can Kate Sears possibly defend the candidate’s statement she submitted to the Marin Registrar of Voters? Will she say it was a “misunderstanding?” Did the Registrar of Voters "distort the facts"? Or will she once again blame it on Toni Shroyer and claim the Devil made her do it?
Talk about a “rookie” move.
Most astonishingly, when running for a public office, each candidate is asked to pledge to uphold the “Code of Fair Campaign Practices” found in Section 20440-20444, which among other things clearly states that:
(1) I SHALL CONDUCT my campaign openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness,
(2) I SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or his or her personal or family life.
We have to ask ourselves. Since we know that Kate Sears was asked to acknowledge that pledge in order to run for office (but to the best of my knowledge has not signed it), what does this tell us about her integrity and the extent she will go to in order to ensure that she wins?
Interestingly, and something you would think an attorney would be cognizant of, is that Code Section 13307(d), also states:
Nothing in this section shall be deemed to make any statement or the authors thereof, free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous statements.
My understanding is that the Susan Kirsch campaign filed a complaint with the Marin Registrar of Voters, to demand that Sears remove all wording that is in violation of the California Elections Code guidelines. As of the publication of this article, I’m told that Sears has agreed to remove the reference to Kirsch as a “rookie.” But she has refused to remove the equally defamatory statements about “misleading charges” and “facts will be distorted.”
If that is so, then the Registrar of Voters is giving Sears special treatment not afforded to other candidates. If this is so, the Registrar of Voters is not doing their job, and we have a very serious problem, indeed.
In the interest of fair play, I urge everyone reading this to contact the Registrar of Voters and demand that they uphold the rules clearly outlined in the California Elections Code, and demand that Kate Sears remove her misleading and defamatory remarks from her candidate’s statement.
Elections Department
3501 Civic Center Drive
Suite 121
San Rafael, CA 94903
Phone: (415) 473-6456
Fax: (415) 473-6447
Lastly, let’s talk a little bit about Kate Sears’ calling Susan Kirsch a “rookie.”
One fundamental question is not only why should that matter (after all, everyone who has ever run for office - e.g., even George Washington -- for the first time was a "rookie"), but why is that a bad thing?
Yes, Kate Sears has spent her career deeply embedded in government and politics. That is why on every single issue that’s come before her in Marin, her default response is to defend the status quo and entrenched political interests. Tell me how this is, in any way, a good thing?
If being honest and running a clean campaign on the issues, means Kirsch is a rookie, that's okay in my book.
If having a solid moral compass and unquestioned integrity, as many endorsing Susan Kirsch have said about her, is a “rookie” trait, then so be it.
But if being under-handed, mean-spirited and divisive are the defining characteristics of being a “seasoned” politician, then I’ll take the rookie every day of the week.
So, yeah, I suppose by Kate Sears’ standards, perhaps Susan Kirsch could be called a rookie. But what Kate fails to understand is that, as in baseball, Susan Kirsch might just end up being voted the "Rookie of the Year!"
By Bob Silvestri
Editor - Marin Post