Recall Candidate Loses Legal Challenge Over Ballot Designation

Recall Candidate Loses Legal Challenge Over Ballot Designation
Former San Diego Mayor Kevin Faulconer campaigns in front of Abraham Lincoln High School in San Francisco, Calif., on Feb. 17, 2021. (Justin Sullivan/Getty Images)
Vanessa Serna
7/22/2021
Updated:
7/22/2021

Former San Diego Mayor Kevin Faulconer lost a lawsuit against the Secretary of State’s office requesting to be labeled as a retired mayor on the California recall ballot.

“The California Democrat Party put their fist on the scales of justice and injected partisanship into this proceeding,” Faulconer’s campaign said July 21 following the ruling. “Voters have a right to transparent and accurate information about Mayor Faulconer’s record and this decision defies common sense.”

Faulconer’s campaign on July 19 announced it was taking legal action to change the former mayor’s ballot designation from “businessman/educator” to “retired mayor.”

Having served as San Diego’s mayor for six years, Faulconer thought it was an appropriate title.

However, Secretary of State Shirley Weber said Faulconer termed out of office in 2020 and didn’t retire from his position as mayor.

“This is a clear sign that Gavin Newsom’s allies are desperate to save his failing governorship,” Faulconer’s campaign said. “Change is coming for California and retirement is coming for Gavin Newsom, today’s decision does not change that. He cannot stop this recall.”

Faulconer was mayor of San Diego from 2014 to 2020 and did not file for re-election. He previously served on San Diego city council from 2002 to 2014.

Faulconer is one of 46 candidates seeking to replace Newsom during the Sept. 14 gubernatorial recall election.