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Losing East Palo Alto City Council candidate fights election result

Webster Lincoln files lawsuit challenging Antonio Lopez's win, which was decided by just 69 votes

Webster Lincoln, an East Palo Alto resident who ran an unsuccessful first-time bid for a City Council seat, is accusing Antonio Lopez of electioneering and asking the San Mateo County Superior Court to annul Lopez's election certification, according to a lawsuit filed Dec. 7.

Webster Lincoln was edged out of winning an East Palo Alto City Council seat in November by just 69 votes. Courtesy Webster Lincoln.

The suit claims that Lopez violated the state election code by campaigning within 100 feet of a vote center on Nov. 3, while offering residents incentives to vote in the form of free tacos.

"Lopez made a visible display of himself by so loitering and campaigning and audibly disseminated information advocating for his candidacy, and displaying his name, likeness and logo," the lawsuit states.

Defendants of the suit include Lopez and East Palo Alto City Clerk Walfred Solorzano, the man responsible for certifying the council election results.

Lopez has maintained that he campaigned within legal capacity. On Election Day, the 26-year-old, first-time candidate hosted an event near the Saint Francis of Assisi Church, one of three locations of voting centers in East Palo Alto, where attendees were given free tacos.

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Lopez and a few others publicized the event on social media beforehand, calling it an "Election Day Taquiza" with the caption: "Vote & eat free tacos."

Antonio Lopez was elected to the East Palo Alto City Council in November. Photo by Magali Gauthier.

Responding to several complaints from residents, Solorzano said in previous interviews that he and a few county election officials visited the voting center and found that Lopez was a proper distance away from the vote center. The city staff member also said that he did not see any "quid pro quo" between the candidate and voters.

The race was one of the closest calls in the city's recent election history. Lopez, a Stanford University doctorate candidate, secured one of three seats that were open this year by just 69 votes, with Lincoln, a 33-year old data scientist for Genentech, falling just short.

The results of the election weren't immediately clear. On election night, Lincoln appeared well on his way to victory, unseating two-term incumbent Larry Moody, who entered the race with a long history of community service in the city but found himself relegated to sixth place. But Lopez steadily closed the gap in the following days, taking a lead over Lincoln on Nov. 11.

Lopez said his success came in part due to his sustained campaign efforts up until the polls closed at 8 p.m.

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"Every door knock mattered," he told the Weekly.

Lincoln's lawsuit to overturn Lopez's win is not the only one he's filed over the race. Another lawsuit filed by him, his mother and grandmother accuses another East Palo Alto resident of libel.

Out of the seven running candidates in this election, Lincoln arguably had the most question marks hanging over his run for office. Lincoln's campaign drew fire when local residents on social media began to bring up the candidate's family's ties to the Palo Alto Park Mutual Water Company, where his mother Niambi Lincoln is general manager and his grandmother Katherine Loudd is the treasurer and member of the board of directors.

(The water company has long been a controversial presence in the city, facing allegations of election fraud and management issues, which were outlined in an expose by the Weekly's sister paper The Almanac.)

One resident in particular, Isaiah Pekary, began sharing posts on social media urging residents not to vote for Lincoln due to his family's ties to the water company.

"Don't let this family get more power to hurt this community," Pekary wrote. Pekary later publicly retracted his statements on the same forums, admitting that Lincoln himself had no direct ties to the company.

But Lincoln, his mother and grandmother are now suing Pekary for libel and inflicting "emotional distress."

Aside from Pekary's now-retracted statements, other residents baselessly claimed Lincoln did not live in East Palo Alto, a requirement for candidacy. But Albert Serrato, Chief Deputy District Attorney of San Mateo County, confirmed to the Weekly that Lincoln was in fact an East Palo Alto resident.

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Losing East Palo Alto City Council candidate fights election result

Webster Lincoln files lawsuit challenging Antonio Lopez's win, which was decided by just 69 votes

by Lloyd Lee / Palo Alto Weekly

Uploaded: Fri, Dec 11, 2020, 9:09 pm

Webster Lincoln, an East Palo Alto resident who ran an unsuccessful first-time bid for a City Council seat, is accusing Antonio Lopez of electioneering and asking the San Mateo County Superior Court to annul Lopez's election certification, according to a lawsuit filed Dec. 7.

The suit claims that Lopez violated the state election code by campaigning within 100 feet of a vote center on Nov. 3, while offering residents incentives to vote in the form of free tacos.

"Lopez made a visible display of himself by so loitering and campaigning and audibly disseminated information advocating for his candidacy, and displaying his name, likeness and logo," the lawsuit states.

Defendants of the suit include Lopez and East Palo Alto City Clerk Walfred Solorzano, the man responsible for certifying the council election results.

Lopez has maintained that he campaigned within legal capacity. On Election Day, the 26-year-old, first-time candidate hosted an event near the Saint Francis of Assisi Church, one of three locations of voting centers in East Palo Alto, where attendees were given free tacos.

Lopez and a few others publicized the event on social media beforehand, calling it an "Election Day Taquiza" with the caption: "Vote & eat free tacos."

Responding to several complaints from residents, Solorzano said in previous interviews that he and a few county election officials visited the voting center and found that Lopez was a proper distance away from the vote center. The city staff member also said that he did not see any "quid pro quo" between the candidate and voters.

The race was one of the closest calls in the city's recent election history. Lopez, a Stanford University doctorate candidate, secured one of three seats that were open this year by just 69 votes, with Lincoln, a 33-year old data scientist for Genentech, falling just short.

The results of the election weren't immediately clear. On election night, Lincoln appeared well on his way to victory, unseating two-term incumbent Larry Moody, who entered the race with a long history of community service in the city but found himself relegated to sixth place. But Lopez steadily closed the gap in the following days, taking a lead over Lincoln on Nov. 11.

Lopez said his success came in part due to his sustained campaign efforts up until the polls closed at 8 p.m.

"Every door knock mattered," he told the Weekly.

Lincoln's lawsuit to overturn Lopez's win is not the only one he's filed over the race. Another lawsuit filed by him, his mother and grandmother accuses another East Palo Alto resident of libel.

Out of the seven running candidates in this election, Lincoln arguably had the most question marks hanging over his run for office. Lincoln's campaign drew fire when local residents on social media began to bring up the candidate's family's ties to the Palo Alto Park Mutual Water Company, where his mother Niambi Lincoln is general manager and his grandmother Katherine Loudd is the treasurer and member of the board of directors.

(The water company has long been a controversial presence in the city, facing allegations of election fraud and management issues, which were outlined in an expose by the Weekly's sister paper The Almanac.)

One resident in particular, Isaiah Pekary, began sharing posts on social media urging residents not to vote for Lincoln due to his family's ties to the water company.

"Don't let this family get more power to hurt this community," Pekary wrote. Pekary later publicly retracted his statements on the same forums, admitting that Lincoln himself had no direct ties to the company.

But Lincoln, his mother and grandmother are now suing Pekary for libel and inflicting "emotional distress."

Aside from Pekary's now-retracted statements, other residents baselessly claimed Lincoln did not live in East Palo Alto, a requirement for candidacy. But Albert Serrato, Chief Deputy District Attorney of San Mateo County, confirmed to the Weekly that Lincoln was in fact an East Palo Alto resident.

Comments

EPA Resident
Registered user
East Palo Alto
on Dec 11, 2020 at 10:48 pm
EPA Resident , East Palo Alto
Registered user
on Dec 11, 2020 at 10:48 pm

This is not the first time the Lincoln family has used their privilege and the system when they do not get what they want(see attached article). I'm very confused as to why Webster's grandmother is filing the lawsuit against the EPA resident? And filing a lawsuit against Antonio... common Webster. When it first came out that Antonio was being investigated Webster decided to remain anonymous LOL! This guy definitely gets the #biggestloserof2020 award.

Web Link


Long Time EPA Resident
Registered user
East Palo Alto
on Dec 12, 2020 at 5:18 am
Long Time EPA Resident, East Palo Alto
Registered user
on Dec 12, 2020 at 5:18 am

The title of this article is “Candidate fights Election result”.
Then Morphs into another Lawsuit that was filed.
One can understand now why Lincoln was forced into
Filing both documents. When Both Acts became commingled.
None of this would have occurred if the candidate had heeded the Warnings
Of past Incumbents, regarding Advertising this:
"Election Day Taquiza" with the caption: "Vote & eat free tacos."
Per the reporters article above.
This filing Contesting of Election procedures by Lopez,
Was Spurred by an alert Residents. Who then contacted the City, Then the Election Officials.
The Secretary of State and the District Attorney, who contacted Webster Lincoln.
Some of those Photos filed with the Contest Petition were taken by Residents. The others were taken off the Social Media pages that Lopez himself & supporters posted.


Long Time EPA Resident
Registered user
East Palo Alto
on Dec 12, 2020 at 5:25 am
Long Time EPA Resident, East Palo Alto
Registered user
on Dec 12, 2020 at 5:25 am

This is a Long Story. A lot of Water up under the Bridge, that has been
Going on for over 30+years.
This is more like "The Hatfield's and the McCoy's".
Its not as simple as the Other commentator is stating.
Things haven't been the easiest for EPA. It was a era in time where No One wanted to even enter EPA. Fortunately The Loudd/Lincoln Family stepped up.
After the Loma Prieta earthquake things began to take off. The Earthquake damaged the Wooden Tower to the tune of $500k. Mrs. Loudd secured financing from FEMA. The elder Pekary now decides it was time to reenter & take over.
It was a back and forth tug of war situation. The Water Dept won a few times.

Here is an Excerpt from a May 9, 2018 post:
....There is a massive conflict of interest with "Neighbors for Better Water" who seem to be motivated more by self-interests than the water company itself, or the individuals the company serves.
[
So Fast forward to 2020. The Opponents Supporters decided to use the confusion to entwine Candidate Lincoln. Tying him in with the daily works of his relatives, at The Water Co. A company he had NO work connection to.(Webster Lincoln is currently a Scientist in his own right).

[Portion removed; provide links to reliable sources to support your statements.]


Edith Jones
Registered user
East Palo Alto
on Dec 14, 2020 at 12:52 pm
Edith Jones, East Palo Alto
Registered user
on Dec 14, 2020 at 12:52 pm
Optimist Pessimist Realist
Registered user
East Palo Alto
on Jan 23, 2021 at 8:20 pm
Optimist Pessimist Realist , East Palo Alto
Registered user
on Jan 23, 2021 at 8:20 pm

What a relief that Webster Lincoln isn’t on the city council. He’d slow things down the way that Regina Wallace Jones does. Please keep reporting on this story and his other lawsuit.


Confused out of EPA
Registered user
East Palo Alto
on Jan 24, 2021 at 5:31 am
Confused out of EPA, East Palo Alto
Registered user
on Jan 24, 2021 at 5:31 am
Optimist Pessimist Realist
Registered user
East Palo Alto
on Jan 30, 2021 at 6:25 pm
Optimist Pessimist Realist , East Palo Alto
Registered user
on Jan 30, 2021 at 6:25 pm
East Palo Alto Neighbors Watching
Registered user
East Palo Alto
on Jan 30, 2021 at 10:44 pm
East Palo Alto Neighbors Watching, East Palo Alto
Registered user
on Jan 30, 2021 at 10:44 pm

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