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Folsom mayor to stay on ballot after court ruling

A Sacramento Superior Court judge dismissed the petition under code that only electors can file these forms of complaints.

FOLSOM, Calif. — Folsom Mayor Kerri Howell will stay on the midterm election ballot, according to a tentative ruling made in Sacramento Superior Court, Thursday.  

This comes after Folsom officials learned Councilmember Mike Kozlowski collected a number of signatures for Howell. Officials then filed a petition in Sacramento Superior Court for emergency review of the candidacy of Howell and the review of ballots cast in her favor.

Sacramento Superior Court Judge Steven M. Gevercer dismissed the petition, under code that only electors can file these forms of complaints. Folsom is not an elector therefore it lacks standing to proceed with the complaint.

“In sum, the city, despite the troubling conduct it alleges, lacks standing for the writ it seeks and the cause of action for such a writ must be dismissed,” stated the ruling.

To establish her candidacy for this year’s election, Howell provided official nominating papers containing 24 signatures from voters supporting her candidacy. Howell was required to submit at least 20 signatures to earn a place on the ballot.

Any circulator collecting signatures was required to attest under penalty of perjury that she personally observed each voter affix his or her signature. The ruling stated Howell swore that she personally collected all 24 signatures and personally observed each voter sign.

After Folsom City Council investigated further, Howell admitted she personally collected only 16 of the signatures in her nominating papers, according to the ruling. This led city officials to file the now dismissed petition in Sacramento Superior Court.

Howell faces opponent Anna Rohrbough, a newcomer to Folsom, in the upcoming election.

“It is not clear whether Howell will win the upcoming election. If she loses, then any declaration the court might make about her eligibility would be unnecessary,” the ruling read. "If she wins, then a proper party — an ‘elector’ — may... challenge her eligibility to hold office. A dispute regarding whether Howell is ‘eligible’ to hold the office will certainly be ‘ripe’ should she win the election.”

Watch more from ABC10: Sacramento County increases security measures ahead of midterm election

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