Judge dismisses alleged fraudster’s lawsuit against SLO County clerk

September 10, 2026

Gaea Powell

By KAREN VELIE

A federal judge dismissed a civil rights lawsuit filed by the San Luis Obispo County woman facing felony election fraud charges because the complaint did not contain specific allegations and did not identify which civil rights were violated.

While battling eight felony and one misdemeanor charge, Gaea Powell filed four lawsuits against witnesses in her criminal case. Seeking damages of $1.5 million, Powell filed a federal civil rights lawsuit against San Luis Obispo County Clerk-Recorder Elaina Cano and the county in Oct. 2025.

Powell’s federal lawsuit accuses Cano of acting under color of law in her official capacity by intentionally confirming to the media  the existence of a preliminary criminal election fraud investigation, less than thirty days before the 2024 election. Powell’s suit alleges Cano misused her influence as an elected official, and her authority over public records and election filings.

During multiple interviews, Powell has argued the criminal charges against her are politically motivated. She claims prosecutors, Cano and San Luis Obispo Democratic Party Chair Tom Fulks are working together to destroy her.

Prosecutors charged Powell in June 2025 with violating multiple election laws when she ran for mayor of Arroyo Grande in 2022 and 2024. She is charged with voter registration fraud, filing a false declaration of candidacy, fraudulent voting, failure to file campaign finance reports, and perjury by declaration. She pleaded not guilty in July 2025 and is currently representing herself at trial.

While the judge in the federal civil rights case is unsure if Powell can properly amend her complaint, “the court cannot at this point conclude that amendment of Powell’s claims would be futile,” according to the order to dismiss. “Therefore, in the interest of justice, and in light of her pro se status, Powell should be granted an opportunity to cure the above-noted deficiencies in her pleading.”

Powell also filed three civil cases in SLO County Superior Court related to witnesses in her criminal case; only one case remains active.

On Jan. 22, Powell filed a suit against SLO County after the clerk-recorder and district attorney offices allegedly failed to comply with a public records request, citing the ongoing criminal investigation. The case was closed.

A week later, on Jan. 28, Powell filed a suit against the City of Arroyo Grande and City Clerk Jessica Matson – a witness in Powell’s criminal case. In the suit, Powell argues the city failed to properly respond to a records request by claiming the documents were sealed by a court order. The case was closed.

During a preliminary hearing in April, Powell’s alleged landlord at the James Way address where she claimed she lived, Dr. David Marquis, testified that Powell wanted to open a campaign office at his Arroyo Grande property. However, he said she never brought any furniture over, only one box, and that she never lived there.

On June 2, Powell filed a lawsuit against Marquis listing numerous complaints, including breach of contract, fraudulent inducement, negligent misrepresentation and defamation.

During her criminal trial earlier this week, Powell accused the doctor of making false statements about her because of her lawsuit against him. However, Marquis provided the same testimony at her preliminary hearing, which occurred months before Powell filed her lawsuit.

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