State senator who resigned sues to use old job title in attempted comeback

SACRAMENTO -- Former state Sen. Tony Mendoza sued to be allowed the use of the title "State Senator" as he tries to win a special election for the seat he resigned last month.

Mendoza's complaint, filed Monday, seeks to force California Secretary of State Alex Padilla to reverse a March 16 decision barring his use of the title. Mendoza v. Padilla, 80002846 (Sacramento Super. Ct., filed March 26, 2018).

Also on Monday, the attorney for California Democratic Party Chairman Eric Bauman said he was dropping a case seeking to prevent Mendoza from using the title. Bauman had not been notified Padilla's office had already rejected Mendoza. Bauman v. Padilla, 80002843 (Sacramento Super. Ct., filed March 23, 2018).

According to the complaint filed by Stuart L. Leviton of Reed & Davidson LLP in Los Angeles, the California Elections Code allows candidates to use either their current occupation or the "occupations of the candidate during the calendar year immediately preceding."

He cited Andal v. Miller, 28 Cal. App. 4th 358, 364-65 (1994), which found that a candidate could list a "primary job" from the year before the election. Leviton did not return a call seeking comment.

Mendoza stepped down under pressure after a Senate investigation found he "more likely than not" sexually harassed six female staffers and interns over several years.

His lawsuit says he did not receive a letter telling him his ballot designation had been rejected until March 22, allowing no time to respond by a March 23 deadline. According to Padilla's office, Mendoza will have no title listed next to his name on the ballot.

Mendoza will face a crowded field with seven other Democrats and two Republicans on June 5.