Greater Orange News Service

SPECIAL REPORT


a community service of the Orange Net News /O/N/N/

Villa Park Recall Attempt sparks a
Conservative Civil War

Neighborly Villa Park, at one time a small basically one political party town, has been rocked by a Conservative Civil War between two groups of local and county conservatives. The latest twist in the battle for Villa Park is a July 13th letter from Dan Hess of the Orange County District Attorney’s Special Prosecution Office outlining the findings of the DA’s office in the allegations against recall target Villa Park City Council Member Deborah Pauly. The allegations that Pauly engaged in illegal electioneering are a key foundation of the recall effort and some supporters stated purpose to keep elections free and fair in Villa Park.

Pauly supporters, including Tustin Attorney and Republican Activist Mark Bucher point to the letter as a vindication of Pauly and proof that the recall is sour grapes over a lost election. Writing for the OC BLOG, Bucher stated:

The DA's findings simply confirm what most people already know - the recall is nothing more than a misguided effort by a few malcontents to get a "do-over" of an election that did not turn out the way they wanted.

Recall supporters however have cried foul. They point out that the letter stated that Pauly was not “cleared” but that the DA’s letter states there was a lack of evidence of the allegations. Sources close to the recall have told ONN that eleven people wrote letters of complaint to the DA and further state that the DA did not interview all of them.

In addition, pro-recall supporters claim that two witnesses claim Pauly was campaigning “within 10 feet” of a polling location while the DA’s letter states:
“The witnesses could only describe general locations where Pauly was soliciting votes. In other words they were approximations”.

Pro-recall supporters also point to Villa Park Elections inspector Bobbi Edison’s complaint to the Orange County Registrar of Voters Office as further evidence that the DA appears to dismiss. The DA’s letter addresses that issue as follows:

“In addition, to your allegations, I was informed that in the evening of November 7, 2006 the Orange County Registrar of Voters Office received a complaint from Villa Park Elections Inspector Bobbi Edison. Ms. Edison reported that earlier that morning, City Council Candidate Deborah Pauly was soliciting votes near the City Hall polling place. Ms. Edison reported that she contacted Ms. Pauly and handled the situation. The Registrar of Voters Office noted the call but determined the matter was handled correctly and no further action was taken.”

The DA’s letter also states that measurements were taken during it’s investigation. Pro- recall supporters state the DA letter states that some of those measurements show Pauly violating the 100 foot range of campaigning exclusion to a polling place. The July 13 latter states:

“During our investigation, measurements were from the front door of the polling place to Pauly’s approximate locations. These distances ranged from slightly under 100’ to well over 100’, and simply could not be confirmed.”

Two paragraphs later the letter continues to explain in conclusion:

“It is important to note the fine line between legal and illegal activity under these circumstances. A person who stands 100’ from a polling place may legally and ethically solicit votes; yet this same activity becomes illegal and improper when the person simply takes a single step toward the polling entrance. Likewise, activity which is allowed every other day of the year becomes illegal only on Election Day. Thus, the evidence required to initiate the prosecution of this crime must be so precise as to the actions and distances involved that it completely eliminates the possibility of allowable activity. The evidence in this case does not meet that requirement”

Those few feet may be difficult for observers outside of Villa Park to understand what the big deal is. In small town Villa Park some see those few feet equaling the very few 93 votes separating the three winners from the two losers as a very big deal. One very involved pro-recall supporter points to the above paragraph and states that the DA’s letter “leads one to believe that Pauly crossed this line but the DA refuses to do anything about this as the evidence, witness statements and all, are not ‘precise’ enough.”

Some in the pro-recall committee see the Orange County Grand Jury as the next logical legal step as they continue to collect signatures on recall petitions. Meanwhile, they are quick to point out that they have over ½ of the required Recall Signatures and a little over a month to go to collect the rest.


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