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Portions of the city law governing recall elections should be repealed, reads a July 26 memo from City Attorney Jan Goldsmith's office.

If city council members agree, which is highly likely, then voters hoping to oust Mayor Bob Filner from office will have much better odds.

The 1968 law "prohibits the counting of certain votes in recall elections, stating that, 'No vote cast for a candidate shall be counted unless the voter also voted on the recall question.'"

In her memo, Deputy City Attorney Sharon Spivak states that a similar law was struck down in federal court back in 2003.

"Although the federal court decision expressly does not apply to San Diego’s election code, it is clear San Diego’s similar provision would not survive legal challenge. Thus, our office recommends that the offending section be repealed, to avoid any such future challenge and to clarify San Diego’s recall election procedures."

Efforts to force Filner from office have mounted over the past week and will continue to intensify as the Mayor readies himself for a two-week stint at rehab aimed at correcting his treatment of women.

Sexual harassment allegations have dominated the news in San Diego and made national headlines ever since attorneys Marco Gonzalez and Cory Briggs joined former councilmember and Filner staffer, Donna Frye, at a July 9 press conference to ask that Filner step down as Mayor. In the following weeks, seven women have come forward with accusations that the Mayor accosted them with sexist remarks, inappropriate touching, and unwarranted sexual advances.

Armed with the allegations, longtime Filner foe Michael Pallamary announced a recall effort.

"I have watched Mr. Filner over his entire political career and I have seen him interact with women; women that are someone's wife, or mother or daughter - good women who have wanted to make contributions to society doing good things. He has used his office to harass them and exploit them and that is wrong," reads a recent Facebook post from Pallamary.

The July 26 memo opens the door further for voters who hope to force Filner out of City Hall.

"Our Office recommends that the section not be enforced and promptly be repealed to avoid an unnecessary legal challenge and to ensure the City’s recall laws are constitutional."

The city council will discuss the amendment at a future council hearing.

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Comments

SurfPuppy619 July 30, 2013 @ 10:55 a.m.

Yawn......end this circus already...please.

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Founder July 30, 2013 @ 6:38 p.m.

From 7/26/13 Anybody else think that this entire affair has Witch Hunt written all over it since Mayor Filner got elected and has been saying NO instead of YES to all the Big Money people that are used to always getting their way in $an Diego, the City that used to be called San Diego before it went into major debt making the rich far richer by building stadiums etc....

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historymatters July 31, 2013 @ 6:57 p.m.

Ok but what is important here is WHEN Goldsmith was looking at this rul. Why was he scrambling to fix this loophole back in early May and why was he planning for a "June" recall when no allegations had even come out?

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historymatters July 31, 2013 @ 7 p.m.

The other thing thats important here is WHO is Michael Pallamary?

When you follow the money behind the "recall Filner" campaign the results are chilling. The trail leads to Michael Pallamary, a prominent "land use expert".

Michael J. Pallamary is a Professional Land Surveyor. He is an expert in land planning, and land use consultation among other things, all things that would suggest this move is a coup by the developers that have run San Diego for decades.

Pallamary founded the Land Surveyors Advisory Council on Technical Standards (LSACTS), and he owned and operated Precision Survey & Mapping from 1983 to 1999. He currently is the owner and President of Land Survey Service of La Jolla since 1983 and is "recognized as the preeminent authority on the redevelopment of property in La Jolla and San Diego's coastal regions" per his website. And that may be the key.

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