New candidate appears on Fremont City Council election ballot

US

FREMONT — A candidate for a council seat here will appear on the November ballot after successfully challenging the city in court.

Sterling Engle, a lifelong Warm Springs resident, said the city clerk withheld his name from the Nov. 5 ballot, claiming he missed an Aug. 9 deadline when filing his campaign paperwork on Aug. 14. So he went to court, acting as his own lawyer to argue the city did not legally notify the public about the proper filing deadline.

Alameda County Judge Michael Markman agreed, ruling on Aug. 29 that Engle should be the third candidate on the ballot for the District 5 council race.

The city posted a notice extending the deadline for filing up to Aug. 14 but later said the notice was posted in error and that Engle had not filed in time. Markman wrote that Engle was following the rules by filing by the extension mistakenly set by the city and ordered his name added to the ballot.

“The court further finds that Engle substantially complied with the Elections Code, and attempted to comply with the directives and deadlines communicated by the clerk for the City of Fremont, which would certainly appear to a layperson to be authoritative and accurate,” Markman wrote in his ruling.

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