Poniktera v. Seiler, No. D054267 - California Case Law
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Poniktera v. Seiler, No. D054267

In plaintiff's petition for a writ of mandate seeking to compel defendant to allow citizens to use cameras or other recording devices inside polling stations in future elections and to comply with obligations to secure ballot boxes against tampering in future elections, trial court's denial of the requested relief is affirmed where: 1) the polling station, the only area to which the challenged policy can and does apply, is a nonpublic forum, and the photography policy is reasonable; 2) trial court acted within its discretion to deny declaratory relief because the requested declaration would have little practical effect in terms of altering parties' behavior; 3) registrar's policies do not violate any requirements imposed by law; and 4) evidentiary objections were not improperly sustained, and certain trial court rulings were not prejudicial.  

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Appellate Information

Filed January 21, 2010

Judges

Opinion by Judge McDonald

Counsel
For Appellant:   Ken I. Karan, Law Office of Ken I. Karan

For Appellee:   John J. Sansone, County Counsel, Miriam E. Brewster and Timothy M. Barry, Deputy County Counsel