Fullerton City Council candidate Scott Markowitz has been arrested and charged by the OC District Attorney’s office on two felony counts of falsifying his nomination papers. As a result, he is ineligible for office, although he will still appear on the ballot.
Markowitz is running from District 4.
Markowitz, until recently a registered Democrat, was already the center of local political controversy over credible charges he is a Trojan Horse pretending to be a “MAGA” candidate in order to divert votes from Republican Linda Whitaker and create a pathway to victory for Democrat Vivian “Kitty” Jaramillo.
Markowitz re-registered as a Republican and paid for a candidate statement that included a call for “America First patriots to step up and get our city government out of the way of our citizens. We need a city that fights for our individual liberties, for strong law enforcement and for our local businesses.”
Whitaker is running to succeed her husband, termed-out Councilman Bruce Whitaker.
In order to qualify for the ballot, candidates must submit nomination papers with a minimum number of valid voter signatures.
Markowitz turned in nomination paperwork with the requisite 30 valid voter signatures, signing under penalty of perjury that he was the circulator of the candidate paperwork, had collected all 30 signatures and personally witnessed the voters signing the nomination papers.
Except, he had not.
OCDA investigators interviewed numerous signatories of Markowitz’ nomination paperwork who said it wasn’t Markowitz who collected their signatures. Consequently, those signatures are invalid and Markowitz ineligible for election.
Markowitz was arrested by Orange County District Attorney investigators Monday night and booked into the Santa Ana city jail. He has been charged with one felony count of perjury by declaration and one felony count of record of forged or false instrument. He faces a maximum sentence of three years and eight months in state prison if convicted on all counts.
“American democracy relies on the absolute integrity of the electoral process,” said Orange County District Attorney Todd Spitzer in a statement. “Voters must have total confidence that every election is being carried out in a fair and unbiased manner. Interference in the electoral process in any manner and at any stage jeopardizes the will of the people being carried out while eroding the trust of voters that their vote counts.”
“The decision to file criminal charges against the candidate prior to an election is not a decision I made lightly but given the risk to the electoral process as well as the potential of the City of Fullerton having to pay for a special election should Markowitz be elected, there was no choice but to file criminal charges prior to the election and alert voters of his ineligibility to run for City Council,” said Spitzer in the statement.
If Markowitz is elected, the city would have to hold a special election for District 4.
