Bynum v. Siskiyou County Board of Supervisors CA3

California Court of Appeal May 1, 2023 No. C095590Unpublished

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Holding. The court held that the defendant's candidacy declaration, which contained a false statement regarding her criminal history, constituted illegal conduct as a matter of law and therefore was not protected activity under the anti-SLAPP statute.

Issues

Whether a candidacy declaration containing a false statement regarding criminal history is protected activity under the anti-SLAPP statute.
Whether the defendant's subsequent actions related to her removal from the ballot are protected by the anti-SLAPP statute.
Whether the defendant acted 'knowingly' for purposes of Elections Code section 18203.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The anti-SLAPP statute “cannot be invoked by a defendant whose assertedly protected activity is illegal as a matter of law and, for that reason, not protected by constitutional guarantees of free speech and petition.””

“The acts she cites all arise from the same activity—Olson’s false candidacy declaration. We reject Olson’s attempt to find harbor under section 425.16 through activities that stem from her criminal act.”

“Because we conclude that the petition arises from activity unprotected by section 425.16, we need not proceed to the second step of the anti-SLAPP analysis”

Filed 5/1/23 Bynum v. Siskiyou County Board of Supervisors CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Siskiyou) ----

LAURA BYNUM, as County Clerk and Registrar of C095590 Voters, etc., (Super. Ct. No. SC CV PT Plaintiff and Respondent, 19‑1537)

SISKIYOU COUNTY BOARD OF SUPERVISORS,

Defendant;

KIMBERLY OLSON,

Real Party in Interest and Appellant.

Appellant Kimberly Olson appeals the trial court’s order denying her motion to strike respondent Laura Bynum’s petition for writ of mandamus and complaint for declaratory relief as a strategic lawsuit against public participation (SLAPP). The trial court concluded that the petition arose from a false statement and therefore fell outside of anti-SLAPP protection. We agree with the trial court and affirm.

FACTUAL AND PROCEDURAL BACKGROUND This case stems from Olson’s attempt to run for local office. On November 14, 2019, Olson submitted a signed declaration of candidacy for the office of director of the Hornbrook Community Services District for the March 3, 2020, election. In the candidacy declaration, she affirmed she had not been convicted of a felony involving the theft of public money. Bynum, the official charged with the duty of conducting elections in Siskiyou County, accepted the candidacy declaration and placed Olson on the candidate list. Bynum later received confirmation that Olson had been convicted of three felonies. Bynum determined those felonies made Olson ineligible for an elected office under Elections Code section 20, which Bynum asserted prohibits a person from being considered a candidate for local elective office if the person has been convicted of a felony involving certain crimes, including theft of public money. 1 On December 23, 2019, Bynum sought mandamus relief under Elections Code section 13314,2 naming Olson as the real party in interest and seeking to prevent Olson’s placement on the ballot. Following removal to federal court, remand back to state court, and denial of Olson’s motion to quash summons,3 Bynum filed a first amended petition

Bynum v. Siskiyou County Board of Supervisors CA3

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SISKIYOU COUNTY BOARD OF SUPERVISORS,

KIMBERLY OLSON,

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