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Palo Alto Online

Candidate may be 'bounced' from ballot

by Don Kazak

The East Palo Alto City Council voted unanimously in closed session late Tuesday night to begin action to remove A. Peter Evans from the November City Council ballot because his filing check bounced.

The council was not told by city staff which candidate had violated the filing requirements, so members voted based on the violation itself.

The unusual action will require the city to sue the San Mateo County elections officer so a judge can make the final decision. A lawsuit will also give Evans a chance to present his case in court.

When Evans submitted his filing papers for the November race, he also submitted a check for $575 to cover the filing fee. But the check was returned to the city as unpaid. The city told that to Evans via a letter, and he later came in with a cashier's check for the amount, but that was after the Aug. 14 filing deadline.

"Staff correctly decided it wasn't proper for them to make an exception that could favor one candidate or another, so they put it to the council," said Mayor Duane Bay. "We reached the same conclusion, unanimously, and decided to put it in front of a judge . . . Any of the candidates can petition to be heard by the court on whether to allow the exception."

Eight people, including Evans, have filed to run for two seats in the Nov. 5 City Council election.

Evans, who has run unsuccessfully for the City Council before, could not be reached for comment Thursday morning.

"We have been trying to call him but have not gotten a call back," said City Attorney Michael Lawson. He said that Evans will be formally notified of the city's action by a letter.

E-mail Don Kazak at dkazak@paweekly.com