4 qualify for Auburn City Council ballot after accusation of 'bending' election law

Four candidates will be on the Nov. 3 ballot seeking one of three open seats on the Auburn City Council. Incumbent mayor Kelley Davis, Bridget Powers and newcomers Stephanie McKenzie and Erik Robb were qualified by the city and placed on the ballot by the Placer County Elections Office. Sounds simple enough, but the city has been accused of "bending" an election law by qualifying Davis, who finalized her nomination papers during an extended filing period that is triggered when no incumbent member has submitted the paperwork necessary to seek reelection. The only other incumbent council member whose term is set to expire is Sandra Amara, who is not seeking reelection. Powers had filed paperwork to run for office before being appointed to the council on Aug. 24 to serve the remainder of the term of Mike Holmes, who resigned days before he passed away in later June. Auburn resident Wayne Nader, speaking at the council's Aug. 24 meeting, accused the City Council of making "an exception to the election law with regards to Mayor Davis' filing for reelection. It was done during what is normally considered the extension period, when there is an incumbent that has decided not to run … an additional week that's given for new filers, not current officers. So I'm really concerned that is a bending of the law, very clearly an election law." Under California law at https://leginfo.legislature.ca.gov, Article 2 (Nomination of Candidates) 10225 states, "if nomination papers for an incumbent officer of the city are not filed by or on the 88th day before the election, during normal business hours, as posted, or are filed but then are withdrawn before the close of normal business hours on the 88th day before the election, the voters shall have until the 83rd day before the election during normal business hours, as posted, to nominate candidates other than the person who was the incumbent on the 88th day, for that incumbent's elective office." The regular candidate filing period opened July 13 and closed Aug. 7. The filing period was extended to Aug. 12 when Auburn Councilmember Sandy Amara didn't file paperwork seeking reelection. Auburn City Clerk Amy Lind told the Auburn Journal that Davis filed on July 14, day two of the initial filing period, but didn't finalize her paperwork until Aug. 10, two days before the end of the extended filing period. Auburn City Council seats are at-large – unlike the Placer County Board of Supervisors, for example, which has seats in specific districts. As city clerk, Lind "is vested with the power and duty to process nomination papers as and when received, a ministerial duty vested in her by state law under the California Elections Code, as the City's Elections Official," according to a press release issued by the city of Auburn to the Auburn Journal. Davis, Stephanie McKenzie, Bridget Powers and Erik Robb qualified for the November ballot. Amara is not seeking reelection. Powers was approved by the council on Aug. 24 to serve the remainder of the term of Mike Holmes, who resigned days before he passed away in late June. James Lindsay, Auburn's interim city manager, told the Auburn Journal in an email, "Amy has handled many local elections for Auburn impartially and professionally, and I stand by her decision to qualify the four candidates for City Council." Councilmember Alice Dowdin Calvillo followed Nader's public comment by noting the council met in closed session on Aug. 19 and, "We took no action. There was no reportable action." Stacy Robinson, public information office for the Placer County Elections Office, told the Journal on Monday, "We did not assess the candidate (Davis) for eligibility. We are told the candidate is eligible, and we placed them on the ballot."