Tentative Ruling in Ni v. Slocum Issued By Superior Court

IN THE case of Ni v. Slocum the Petitioner delivered to the Elections Office for the County of San Mateo a “thumb drive”. On the thumb drive was a “four-page” digital image of an initiative petition. The image bears Petitioner Michael Ni’s cursive name and printed-script name in two separate locations. In my capacity as Chief Elections Officer, I informed the Secretary of State that the digital image of the initiative petition could not be processed due to certain Election Code requirements including the requirement that each petitioner signer shall personally affix [h]is or her” signature, printed name, residence address and city of residence” to the petition.

Petitioner requested the San Mateo County Superior Court to order me to accept the digital signature.

The hearing on petitioner’s request is set for March 18^th. Today, the Honorable George Miram, based upon his review of the pleadings and documents filed on this matter, issued his tentative ruling denying petitioner’s request to order me to count the digital signature. In doing so, the Court stated: “The digital image of a purportedly completed initiative petition stored on a USB flash drive does not constitute a petition or paper for purposes of determining what the Elections Office must process.” Counsel for petitioner, Michael Ni, counsel for Warren Slocum, respondent, as well as counsel for amicus, the Secretary of State’s office, will present oral arguments to Judge Miram at the hearing tomorrow.