SD-15: Can Dennis Morris Get on the Ballot Anyway?

by Brian Leubitz [courtesy of Calitics - Front Page]

Dennis Morris didn't make the 3896 magic number to get on the general election ballot the old-fashioned write-in way. However, he thinks he has a plan to get on the ballot notwithstanding the lack of the necessary write-ins:

Pismo Beach attorney Dennis Morris believes he's found a way to still get on tne November ballot as a Democratic opponent for 15th District State Senator Abel Maldonado (R-Santa Maria).

Morris, who previously attempted to get onto the ballot through a write-in vote in the June 3 primary, said he's found a provision of elections law that may get him there.

Section 8605(c) of the California Elections Code allows a write-in candidate's name to be placed on the general election ballot if a party's central committee puts the write-in candidate there to fill a vacancy, and if the candidate appeared as a write-in on the primary ballot, as Morris did.(PolitickerCA 7/1/08)

Bascially, Morris thinks that if he gets all five central committees to appoint him as the candidate, then he has to be put on the ballot.  There is some contrary caselaw, but it seems to run contrary to the state constitution:

"A political party that participated in a primary election shall not be denied the ability to place on the general election ballot the candidate who received, at the primary election, the highest vote among that party's candidates."

California Constitution, Article II, Section 5(b).

Stay tuned, this might not be over yet...