Judge OKs signature verification in Gates recall move

District Judge Michael Fondi balked at issuing an injunction against the verification, saying Atkinson Gates wouldn't suffer any irreparable harm at this point in the process.

Atkinson Gates' lawyer, Aviva Gordon, sought the injunction after getting a favorable temporary order on Friday. She accused Secretary of State Dean Heller of violating state law by ordering the full review.

Heller initially ruled that the recall attempt had failed because of insufficient signatures, basing his decision on a sample check of 503 signatures.

But last Tuesday, responding to an appeal by the citizens group that filed the petition, Heller ordered full verification. He said that's the only way to resolve questions about the accuracy of the sampling.

If 4,380 are found to be valid, the recall election sought by Citizens for Honest and Responsible Government would be held.

The recall was launched after the state Ethics Commission reprimanded Atkinson Gates for trying to use her influence to negotiate leases for a frozen daiquiri business she wanted to start.

Gordon had said Heller wanted the recheck in Atkinson Gates' case to test the sampling process because of two coming major initiative petitions, and that's not fair to her client.

Supporters of a petition to force unions to secure members' approval before spending their dues on political campaigns must turn in petitions June 16. That same day people, who want the sick to have the right to use marijuana must submit petitions.

Gordon also said 1,858 Atkinson Gates recall signatures were collected by 16 gatherers who weren't registered voters and should be rejected. The lawyer also charged that 274 signatures were from people who later asked that their names be removed from petitions.

Earlier this month, Heller ruled the petition drive failed after the Election Department found just 244 signatures out of a sample check of 503 signatures were valid.

Under state law, officials first check random samples of 500 signatures. If too many are invalid, then Heller, as the state's chief election officer, can decide not to proceed with the verification of all signatures.

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