ELECTION, VOTING, REDISTRICTING & CAMPAIGN LAW

Proposition, Initiative, Referendum and Recall: As a political activist Attorney, Stew Jenkins has participated in drafting, circulating initiative petitions, and sample ballot statements of proponents and opponents of local Propositions and Initiatives.  He has Advised and assisting citizens bringing or opposing petitions for direct democracy adoption of local ordinances via Citizen Initiative and challenges to local ordinances through the citizen Referendum process.  Knowing how to effectively pass and qualify petitions can be the difference that gets a measure on the ballot. Knowing the Constitutional and Statutory protections afforded people gathering petition signatures is important to success. The Law Office of Stewart Jenkins provides practical solutions as well as legal assistance.

Campaign Finance: Candidates and political action committees must comply with California and Local Campaign Finance statutes and regulations; and some must comply with Federal as well as California regulation on contributions, solicitation, disclosure and expenditures. Knowing the technical and the best way to comply with sometimes conflicting regulations, and varying contribution limits is important to prevailing and avoiding penalties or prosecutions. The Law Office of Stewart Jenkins provides practical solutions as well as legal assistance to candidates and committees.

Filing and Qualification of Candidates and Measures: Particular Public Offices and Ballot Measures must meet unique rules for qualification to be on the ballot. Our office is well equipped to advise, defend and challenge the qualification of candidates and measures for the ballot.

Voter Registration, Voter Rights and Ballot Counting: Voter Registration Campaigns are critical to empowering citizen participation in our democratic-republican form of government. Knowing the rules such as who can register to vote, when identification must be asked for, and the legal protections allowing volunteers access to register voters can be the difference between success and failure. Stew Jenkins is available to counsel and assist building and defending Voter Registration campaigns.  Knowing and following the rules keep volunteers free from penalties and criminal prosecutions.

Voter rights casting their ballot is not just critical at a polling place, when voting by mail, or using voting equipment.  Even employers must follow rules to give employees time off to cast their ballot under California Law (See Calif. Election Code, Section 14000).  The Election Clerk must follow rules letting a voter know if their Vote-By-Mail Ballot is received with defects preventing it from being voted; and must reject ballots where someone appears to have cast a ballot that was sent to someone else.

The Law Office of Stewart Jenkins has practical and legal experience to help defend or challenge legitimacy and accuracy of votes and ballot count process.

Recounts:  Candidates and proponents or opponents of Ballot Propositions occasionally end the election count with only a few votes separating them from success or failure.  Short time frames and technical requirements must be followed. The Law Office of Stewart Jenkins has practical and legal experience to help clients decide when, whether, and how to institute a recount in close races.

Redistricting: Statutes and case law to provide for equal representation and fair drawing of district lines have evolved rapidly. My firm Counsels and represents citizens through the redistricting process and is well equipped to provide advice in drawing district maps, as well as when, whether and how to challenge and defend District, City & County redistricting maps.

Conflict of Interest: The Law Office of Stewart Jenkins has practical and legal experience to help clients decide when, whether, and how a conflict of interest by a candidate or public official exists. The firm offers counsel to assist and advise candidates, office holders, and citizens with conflicts of interest issues and remedies.  Some conflict of interest statutes incentivize citizens to bring actions by providing a percentage of misappropriated or misdirected public funds as a reward for a private citizen prosecuting a case on behalf of the public.

Quo Warranto: Statutes and the Common Law provide tools for removing individuals unlawfully taking or usurping a Public Office (whether appointed or elected).  The Law Office of Stewart Jenkins has the tools to help clients pursue this important remedy on behalf of the public.

Please call or email for a consultation.