Judge rejects lawsuit against SLO County official: What’s next?

April 2, 2022

By KAREN VELIE

A San Luis Obispo County judge rejected a lawsuit over the way the county clerk-recorder chose to designate herself on the ballot for the June 7 primary.

Keith Gurnee alleges SLO  County Clerk-Recorder Elaina Cano made a request to herself, the clerk-recorder, to approve an occupational ballot designation of “appointed” which Cano then approved. Gurnee alleges that Cano’s use of the ballot designation of “appointed” after the name of the office violates county regulations, which Cano is tasked with enforcing.

Superior Court Judge Hernaldo Baltodano rejected hearing the case, without providing an explanation.

Gurnee’s attorney Michael Nolan said they are looking at options that include seeking a writ from a higher court.

“I still think we had the correct interpretation of the law,” Nolan said. “We are considering our options.”

The SLO County Board of Supervisors voted on Oct. 12 to appoint Cano as county clerk-recorder. As an appointed incumbent, if Cano decides to list the office she holds or that she is the incumbent, she is required by law to list appointed first, Gurnee argues.