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He pointed to the fact that Oberstein had made recommendations to boost taxpayer funding to candidates through the city “matching funds” program and had also voted to impose fines on two people who ran unsuccessfully in the past to represent Council District 12, the seat she is now seeking. The rule was merely meant to stop ethics commissioners from targeting an elected official and then attempting to run for his or her seat, they contended. Since neither of the candidates fined by Oberstein and her fellow commissioners ultimately won the seat, the attorneys argued, “they never held an ‘office’ that was affected by the commission decisions.”
Being able to run for office, they added, is a “fundamental right” and “the California courts have been clear that any ambiguities in laws that would limit the access to seek public office must be narrowly construed” to protect it. Chalfant also tentatively opined that no matter what the council members had intended when they debated the charter rule, what mattered was what voters intended when they approved it at the ballot box.
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