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November 23, 2005


Martin Wisckol

i don't think the court could overturn that election, since lopez' term -- and that of his successor -- expired in 2004.

Gustavo Arellano

Chalk it up to another of Steve Roder-dumb's follies!

Martin Wisckol

Roz Lever was county registrar until the end of 2002, well after this qualified. Even so, most petitions -- Gray Davis recall anyone? -- are strictly in English. This ruling could change how the game is played.

Allan Bartlett

If the illegals errr I mean fine citizens of Santa Ana want to participate in our democracy by breaking the law again errr I mean voting, they might want to learn how to read, write, and speak the english language. It's just a suggestion. Since the 9th Circus Court is so good at making law, maybe they can mandate this in a future ruling.

Powder Blue Report


Yet again another reason to move from California.

Tim Whitacre

Having led the Recall of Larry "Nativo" Lopez. I can tell you that we had plenty of information in Spanish to properly inform the voters of Santa Ana.

Additionally, all the major Spanish Newspapers were constantly monitering the process from beginning to end.

Regardless, Mr. Lopez and his minions were a constant presence wherever my troops went. I guarantee you that everyone in my fine City of Santa Ana new the issue VERY WELL.

Finally, at the ballot box, it wasn't even close. When the dust settled, Lopez, was recalled by a 2 to 1 margin in every precinct in the City.

Most importantly, the Recall of Lopez was started by a small group of Hispanic Mothers who wanted their children taught English in the school district. Obviously, this desire resonated throughout the Hispanic Community since Lopez suffered such a resounding defeat from those he purported to represent.

The 9th Circuit once again, proves it is incapable of rendering a reasoned, well-supported decision.

Semper Fi,

Tim Whitacre

Whitacre, you blow.

Adeste Fideles

Gustavo Arellano

My mistake on Roder-dumb, Martin. Fine: chalk it up as another mistake for Lever, whom I recall wasn't particularly loved by anyone.


You see what's happening here, right? This is just an initial step.

Elections are conducted in english.

You have to either have knowledge of english to be naturalized (the test is in english) or you were born here and knowledge of english is pretty much a given.

Soon elections will have to be conducted in all different languages if the lunatics at the immigrant lobby have their way.

Oops, too late, the Norby piece already blew the whistle on that:

"The publication of non-English language voting materials cost O.C. taxpayers $596,919 for the 2004 and 2005 elections."

This for 10,506 voters. Over $55 per voter who requested accommodation to vote in an foreign language.

Taxpayer money, OUR MONEY, the vast majority of these voters have presumably demonstrated a knowledge of english.

We spent a half million dollars on accommodating them. That half million would provide a good chunck of the illegal alien healthcare that Correa has been pushing!

A while ago it came out that the courts had published a jury handbook in Spanish. Even though trials are conducted in english, and anyone who does not speak fluent english is ineligible to serve on a jury.

Another accommodation, OUR MONEY spent for something that by law is based on an invalid premise: That someone serving on a jury could not understand english. It's just illegal.

What's next? Lord only knows!



But first, we need to be clear. This is not about the ballot, or the ballot pamphlet, or about anyone's right to vote, or anyone's right to understand what they're voting on.


Effectively, the ruling requires each and every grassroots signature gathering effort -- recall, referenda, and initiative -- to obtain, and presumably, now distribute -- petitions translated into each of the major languages spoken in each jurisdiction.

So, to put this into perspective, when signatures were being gathered for Prop. 96, -- the governor's budget and spending proposal -- volunteer signature gatherers would had have to obtain, and -- presumably -- carry around five or six different translations of the same petition. Otherwise, election is no good. (Could you imagine attempting to translate Prop. 96 into other languages? Even the English version was nearly gobblygook.)

And, if they don't -- if some voter can then come into court and say that they didn't know what they were signing because, you know, the signature gatherer didn't bring with them the Tagalog version of the petition that day, well, good Justice Pregerson thinks the election SHOULD BE STOPPED WITH A FEDERAL COURT ORDER.

This is absolute friggin' insanity. Pregerson forgets that NO ONE IS ENTITLED TO SIGN A PETITION. NO ONE IS ENTITLED TO HAVE A SIGNATURE GATHERER COME TO THEIR DOOR. Signature gatherers naturally go to where they think they can get the most signatures in a day's work. They go to where support will probably be highest. They do not go to neighborhoods likely to be opposed to the measure to give people a "fair" chance to say "no thank you."

To reach its result, the Ninth Circuit disagreed with the law in two other circuits, and well as the district court's conclusions.

And, in light of the alleged confusion of a handful of pro-Nativo voters, Pregerson thinks that the voting rights of each and every other voter WHO DID KNOW WHAT THEY WERE DOING should have been annulled.


Let's hope this decision reaches the same quick and embarassing fate as Pregerson's ruling in the Davis recall. GO FOR EN BANC REVIEW NOW!!!!! This decision cannot be allowed to stand.

Tim Whitacre


Well said, I concur.

During the recall, Lopez called on his Mechista Buddies, Cruz Bustamante, Gil Cedillo and Antonio Villarigosa to try and get both the State Senate and Assembly to stop the process. All of the anti-American ilk oozed into Orange County in support of Lopez. I have the mailers to prove it.

Ironically, the very people Lopez claimed to serve, didn't buy any of his racist claims. When I was asked if this was a race issue, I replied "Yes it is. It's a race get the children of Santa Ana to learn to read write and speak English as quickly as possible, so that they may change the destiny of their families and become doctors and lawyers too. Our children are just as capable students as is Irvine's or Newport Beach's, if given the same tools and expectations."

The Hispanic residents of Santa Ana believed our message over that of the self-proclaimed leader of the Mexican Community.

In total, he (Lopez)tried seven times, unsuccessfully, to get the results of the recall petition invalidated. From the DA's office to the State Attorney General. From the courts to both houses of the State Legislature, Lopez failed.

Lopez even had his side circulate a counter-petition, supported with lies that said the
recall would take away the free breakfast and lunch programs, as well as would cause many to be deported. He used union thugs in an attempt to block our efforts. He paid students $8.00 an hour under the table to follow us around and get in our way. Lopez tried every intimidating tactic he could think of.

The people of Orange County have no idea how hard of a fight this was. Lopez is a very intelligent, well-spoken man who is not afraid to stand up for what he believes in. The man doesn't quit. He's someone you would want with you in a fight.

We needed about 8700 signatures from voters who lived within SAUSD boundries. We obtained more than 18,000. After our own purging of unqualified signatures, we turned in over 15,000.

This fight apparently continues in the courts, and it should - all the way to the supreme court, if necessary.

However, it's important for all to understand that from the very beginning, the recall effort was conducted according to the law. Every effort was made to go above and beyond in the way we conducted ourselves and communicated our message, knowing that Lopez would challenge us at every turn -which he did.

Rostedredpeppers, you are absolutely right on! "Let's hope this decision reaches the same quick and embarassing fate as Pregerson's ruling in the Davis recall. GO FOR EN BANC REVIEW NOW!!!!! This decision cannot be allowed to stand."

Semper Fi,

Tim Whitacre


Great comments by Whitacre on this topic. Since no one else mentioned it, I will -- Tim's pictured on page 4 of the Reg's front section today driving a -- what IS that?

Note to Gustavo re. Lever's "mistake" -- the Register Q&A below Tim's picture says "a lawsuit was filed asking that the election be called off because the petitions were not circulated in Spanish as well as English. The suit failed..." Wasn't Lever then justified in going forward?

Tim Whitacre


Thanks. The vehicle I drove around is called an Uni-Mog. It's registered as a Mercedez Benz 2 door convertible (???)
Actually, it's a small troop transport vehilce used extensively by our European

We referred to it as "The Beast." I drove it all over Santa Ana and never got shot at once (as far as I know).

Tim Whitacre


After reading the majority and dissenting opinions, I conclude that the dissent (Judge Canby) has by far the better of the argument regarding whether the Ninth Circuit has previously decided this issue in this manner, as well as the argument whether the recall petitions are provided by the governmental authorities. In fact, Judge Pregerson's argument regarding the Zaldivar case is sophistry aimed at obfuscating the fact that the Zaldivar court DID NOT decide the issue he now claims it did, but instead found that the proposition was arguable, and thus not grounds for sanctions.
Unfortunately, we could not expect better from Pregerson. He is lawless - he is the same judge who tried to block an execution (Robert Alton Harris) and gave as his legal rationale: "the ACLU asked me to"! [In short, it's a clear violation of judicial ethical conduct rules for a judge to make a decision based upon the identity of a litigant.]
This decision is breathtaking in its scope. Not only recall, initiative, and referendum petitions, but even candidate nomination papers, as well as other forms to be filed by candidates (such as acceptance of spending limits) must now be provided in every covered language in a jurisdiction (L.A. has 9 languages).
In the meantime, every measure or initiative currently in circulation - and even those qualified for an upcoming ballot - is susceptible to legal challenge on this ground.
One more point bears noting: while on review from a motion to dismiss for failure to state a claim (called a rule 12(b)(6) motion in federal court) the factual allegations of those suing that the recall proponents misrepresented the nature of the recall petition must be accepted as true, it is grossly abnormal for a judge to impugn the behavior of the defendants by repeating the factual assertions as true without including at that point an explanation that the allegations must be accepted as true for purposes of the appeal. Pregerson, however, cannot resist the temptation to smear.

Any insults toward Judge Pregerson should probably be delivered in Spanish.


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