Lincoln v. Lopez
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The November 2020 election included three seats on the five-member East Palo Alto City Council. Seven candidates ran. Lopez came in third, with Lincoln fourth. Lincoln filed a 14-page statement of contest, alleging Lopez violated Elections Code section 18370, by “ electioneering within 100 feet of a polling place”; and section 18522, “by offering valuable consideration to voters voting” by giving away free tacos (allowing a taco truck to block a handicap parking space). City clerk Solorzano filed an answer. Eleven witnesses testified, including Lincoln and Lopez; two San Mateo County Officials; several current and former City Council members; a person present at the polling site to conduct COVID-19 testing; a Lincoln supporter; and the owner of the taco truck.
The court’s 23-page statement of decision concluded that Lincoln did not prove by clear and convincing evidence or a preponderance of the evidence that Lopez committed an offense against the elective franchise. The court of appeal affirmed. “Lincoln’s argument is based on a version of the record that is contrary to all principles of appellate review—not to mention that it fails to address the significance of the trial court’s conclusions as to his two primary claims.” The court awarded Lopez costs on appeal.
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