Judge to decide on recall challenge
Thursday, September 10, 2009 - 3:41 pm
A hearing Wednesday morning in Butler County District Court will determine whether the effort to recall Mayor Dana Trowbridge will result in an election.
Attorneys representing Trowbridge and primary petition circulator Steven D. Gaston, along with Butler County Attorney Julie Reiter, have agreed to a hearing set for 9:30 a.m. Wednesday, Sept. 16, in Butler county District Court before Judge Mary C. Gilbride
According to court documents filed the afternoon of Sept. 8, a trial will be held in regard to a court challenge filed by Trowbridge. He asked the court to halt the process, alleging that a significant number of the petition signatures "were the product of fraud."
The attorneys also agreed that Gaston could make an official court request for an election date. Gaston’s attorney filed an official request on Thursday morning.
The request was necessary because the City Council refused to set an election date during its special meeting on Aug. 31. State law provides that if the government responsible for setting the date does not do so, the date can be set by a judge. Gaston’s request is not a matter of dispute, since both sides agree that the city did not set the election date.
On Wednesday, if Gilbride determines that Gaston “has submitted an insufficient number of valid and legal petition signatures to satisfy the provision of Nebraska law” then she will deny his request to set an election and enter a final order enjoining the recall election, court documents stated.
If Gilbride finds the petition had enough valid and legal signatures, then she may set the election date.
Reiter is representing County Clerk Vicki Truksa, who was named as a defendant in Trowbridge’s challenge in regard to her official job capacity.
The mayor alleges that Truksa failed to disqualify a significant number of signatures because the circulators and or signing parties did not comply with state laws that govern the circulation of petitions.
He alleged that a "substantial" number of signatures on the 32 petition sheets should not have been counted because the petition circulator fraudulently executed the circulator's oath by:
"Failing to have the signers of the petition sign the petition in his or her presence as required by state law; either completing for the elector or having a third party complete for the elector the statutorily required information; and failing to read the complete object statement, including the statement of reasons for the recall and the statement of defense printed on the face of each petition as required by state law."
The suit alleged that the signatures listing D.C. or DC in the Town or City column are invalid according to state laws that require the signer's city of residents to be written out.
These allegations, Reiter said, are the sole allegations, which involve the clerk's role in the process.
The suit alleges that without the inclusion "of invalid signatures" the recall effort would have an insufficient number of signatures to require a recall election.
Referring to the list of allegations, Trowbridge claimed that unless the County Clerk is enjoined from conducting a special election, the mayor would be "irreparably harmed by the placement of a legally insufficient and fraudulently procured recall petition before the voters" of David City.
The suit asked Gilbride to issue a permanent injunction against Truksa from placing the petition to recall Trowbridge on a special election ballot. It asks for an award of the mayor's legal costs and other relief the court may deem "just and equitable."
Gaston is being represented by attorney Michael Lehan of Omaha. Trowbridge is being represented by J.L. Spray and Steven D Mossman of Lincoln.
For other stories about the recall effort, go to the Local News section of the website.
