Planning Commissioner Sues City


Tuesday, August 27, 2018
Contact: GiGi Rayford  916-257-7396

Citrus Heights City Council Candidate Porsche Middleton
Sues City Election Officials - Asks Court to Intervene, Allow 
‘Planning Commissioner’ To Be Used as Her Ballot Designation

CITRUS HEIGHTS – A Citrus Heights City Council candidate today said elections officials are unconstitutionally and statutorily preventing her from using the most accurate “descriptive identifier” for her on the November 2018 General Election ballot.

Porsche Middleton, the only Democrat in the race, asked the Sacramento County Superior Court to immediately order elections official Amy Van to use Ms. Middleton’s correct and chosen title “City of Citrus Heights Planning Commissioner” on the ballot.

“We, of course, attempted to resolve this issue administratively with the City, but were refused.  We haven’t seen any persuasive justification for the City’s denial, especially since the City has allowed identical ballot designations in the past,” said Brian T. Hildreth of the law firm Bell, McAndrews & Hiltachk, LLP that filed the motion.

The complaint notes that city election officials have repeatedly refused to allow Ms. Middleton to use that designation, despite mandates from the Secretary of State Office and the state elections code that would allow the designation 

In fact, Ms. Middleton’s filing noted that in 2006, Citrus Heights election officials accepted Citrus Heights City Council candidate Laura Taylor’s proposed designation of “Planning Commissioner/Businesswoman,” the same governmental body on which Ms. Middleton serves.

However, although made aware of this fact earlier this month, election officials in Citrus Heights “refused to correct her error...Without this Court’s intervention, election materials will be caused to be printed that do not contain Petitioner’s most accurate principal profession, vocation, or occupation, depriving Petitioner of her right under statute as well as under the free speech clause of the First Amendment. 

“Voters of the City of Citrus Heights will thereby be deprived both of their right to receive accurate election materials provided by the state and by their right to identify (Ms. Middleton) by the designation by which she is known in the community,” according to the Superior Court filing.

The Superior Court complaint is available upon request.