Candidates in California can use up to three words to identify themselves on the ballot and what they come up with has to follow state code.
Many have been disputed in court, however. Often, opponents and their supporters are the ones who challenge those ballot designations.
For example, a judge ruled in 2019 that San Diego County Supervisor Terra Lawson-Remer had to change the job title she proposed for the 2020 supervisorial election because it was misleading. She had listed “Economist/Environmental attorney” but was ordered to change it because she was not licensed to practice law in California. The case was brought by those who backed her rivals. Also in 2019, a Chula Vista resident unsuccessfully sued a City Council incumbent for saying his occupation was “retired firefighter” and not “council member.” The resident sought help from Councilmember Andrea Cardenas, who at the time was one of the opponents.
The latest political lawsuits involve Chula Vista’s nonpartisan city attorney race, which involves Democrat candidates Bart Miesfeld and Marco Verdugo.
Last Friday, San Diego Superior Court Judge Marcella McLaughlin ruled that Miesfeld’s ballot designation as “Chula Vista attorney” is impermissible because he “is neither the Chula Vista City attorney nor is he currently employed in any capacity by the City attorney’s office.”
Miesfeld had served as Chula Vista’s last appointed city attorney from 2008 to 2010.
McLaughlin determined that “Retired Municipal attorney” is an accurate title. Miesfeld, who used “Chula Vista attorney” in the November special election will now use the court’s approved designation in the March primary. Beau Coleman, a supporter of Verdugo and manager with the Ironworkers Local 229 union, brought forth the case.
“It’s unfortunate that it took legal action for my opponent to be truthful with the voters,” Verdugo said in a statement.
In response, Miesfeld issued the following statement that read in part: “Marco Verdugo is scared he will lose this election, which is why he made this desperate attempt to change the playing board half-way through the game.”
The lawsuit comes after Miesfeld challenged Verdugo’s ballot title in September. Judge Katherine Bacal agreed that Verdugo’s “Deputy City attorney” designation was inaccurate because he is an attorney with a firm that represents the cities of Coronado and Solana Beach. The judge approved the designation “City’s attorney,” which will appear on the March ballot.
The candidates will face off in the runoff election after none of the three candidates vying for the post secured 50 percent of the vote in November. Verdugo earned 39 percent of the vote, Miesfelt 37.8 percent and Dan Smith Diaz 23 percent.
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