Breaking News – Sacramento Judge Rules A Portion of Anna Bryson’s Ballot Statement is False and Misleading
Posted by Craig P. Alexander on March 28, 2014
Today Judge Shelleyanne W.L. Chang ruled that 73rd Assembly candidate Anna Byrson made a false and misleading statement in her campaign statement. The judge ruled that the statement “On the school board, I returned $59 million to taxpayers” was false and misleading and ordered the statement stricken and re-written. In this type of ballot challenge the burden of proof the person challenging the statement is “clear and convincing” not the easier to prove “preponderance of evidence” standard. The petitioner, Mission Viejo resident Dale Tyler, via his attorney Chad Morgan, was successful in submitting clear and convincing evidence that Ms. Bryson’s statement was both false and misleading to voters.
Ms. Bryson, as part of her opposition, submitted a declaration by her fellow CUSD Trustee John Alpay wherein he stated (among other things) that Ms. Bryson was “instrumental” in returning $59 million to taxpayers. Yet the Court still found the statement false and misleading! I represented Greg Powers in his challenge to Mr. Alpay’s ballot statement when he challenged former Trustee Mike Winston in the recall election of 2010. The Court at that time struck two statements contained in Mr. Alpay’s ballot statement as being false and misleading. So it is no surprise to me that Judge Chang found Mr. Alpay’s declaration in support of Ms. Bryson to not be convincing either.
Full disclosure: I am supporting 73rd Assembly candidate Bill Brough (who currently serves on the Dana Point City Council). I was a supporter of Ms. Bryson in the past, but not any longer due to her voting record: Why to the Teachers Unions Love Anna Bryson? Check out Bill’s web site at Bill Brough for Assembly.
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Greg Woodard said
Craig, I thought you would find Bryson’s response to the lawsuit defeat quite funny. She actually is claiming that the judge “affirmed Anna Bryson voted to save taxpayers $59 million and it will remain in her ballot statement.” Only in politics can you say that you won when a judge held that your campaign statement was false and misleading. See the hilarity here: http://us3.campaign-archive1.com/?u=b86121ac20138cbab5b758b30&id=b576e237df&e=df963b21f2.
Craig P. Alexander said
Hi Greg! Thanks for the heads up. Yes this is rich word smithing and spin mistering indeed. I don’t know why people in this situation don’t just admit to a mistake, talk about other things in their campaign and move on. But hey if Anna Bryson wants to keep calling a finding by the Judge by clear and convincing evidence that her statement was false and misleading a “win” go ahead. Voters in the 73rd Assembly District can look at that and make their own conclusions about character and fitness for office.
AD73: Bryson Campaign Tries To Obfuscate Court Loss With Rhetoric | FlashReport said
[…] Friday, Sacramento Superior Court Judge Shelleyanne Chang ruled Bryson’s statement was “false and […]
CA: State Assembly Candidate Anna Bryson Tries To Obfuscate Court Loss With Misleading RhetoricWatchdog Wire – California said
[…] On Friday, Sacramento Superior Court Judge Shelleyanne Chang ruled Bryson’s statement was “false and misleading,” and ordered the official statement to be re-written. […]
Followup on The Anna Bryson Loss in Court « OC Political said
[…] As I reported last week, 73rd Assembly candidate Anna Bryson was found by a Superior Court Judge in Sacramento to have made a false and misleading statement in her ballot statement. Here is my post about that: Sacramento Judge Rules. […]
Charles Munger Dipping His Financial Finger Big Time into South Orange County « OC Political said
[…] in it (and it was stricken and amended by the judge). I posted on this blog twice about that. Breaking News & Follow Up the latter post including a link to an excellent article by Katy Grimes over at the […]