Boyer for Ventura County Sheriff Lawsuit

The County of Ventura filed a motion to dismiss that was rejected by the CA Appellate Court. We are fully briefed and await the County to do so, deadline is Nov 29th. We will then be looking at a trial date, likely in Dec 2018.  

As the ruling from the Court must be to strike down the law as unconstitutional: What will that mean? As a fully filed candidate who was unconstitutionally barred from the ballot; the Court will have to rule the result on the June non-election of the then unopposed, other candidate as invalid. The court will then have to implement a remedy; the only remedy is to schedule another election, as soon as possible. That will likely mean June 2019. As the law barred citizens statewide from running; the Court must rule that ALL elections for County Sheriff have been unconstitutional, statewide, and that the citizens of ALL 58 Counties are to have the right to run for, nominate and vote for the candidate of their choice. This will result in a Statewide election as it is the only remedy.

Meanwhile, back on the ranch, the people of all fifty-eight counties of the State of California wait for justice and a restoration of our democratic, representative, republic. My case is challenging the CA law that denies the citizen their right to run for and their right to nominate, and to vote, for the constitutional public office of elected county sheriff. Our petition to accelerate the hearing was denied as the Court is apparently not interested in expediting the restoring our election rights. The CA Constitution is quite clear in “Article 1 Section 7(b) A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens.” The CA Constitution calls for the ‘election of county sheriffs’. There are no ‘qualifications’ as to who may run as all adult citizens have the right to run for all public offices.

We are a citizen democracy and a Republic; a govt of, by and for the people; not a people ruled over by the “elite”. The presiding judge of Ventura County, Judge O’Neill, nailed it when he declared from the bench that while his courtroom bailiff is “qualified” to run for Sheriff, that he himself is not!” As by the law; all bailiffs, prison guards and park rangers are ‘qualified”, even those with a high-school diploma, as they are “salaried LEOs” yet all other citizens are deemed “unqualified” with no means to become ‘qualified” to run.

My attorney; Joel Farkas, has thoroughly researched the cases and as we have conferred with other attorneys, those with vast Constitutional law and civil rights case experience; the conclusion is solid. Citizens may not be barred from running for public office unless that citizen has been convicted of a specific crime (bribery) to where they are disallowed from ALL public offices and juries. There have not been many cases, as rarely do legislatures go so far as to bar or place restrictions on the right of citizens to run for public office. But where they have, the Courts have always restored our rights.

 The ramifications of a restoration of Citizen Sheriffs are enormous. By refusing to allow me on the ballot, the County Clerk allowed my opponent to run without opposition. That is NOT an election. Ventura County is little different from the other fifty-seven as we have seen only a dozen “contested” County Sheriff elections in thirty years; and then the voters were only allowed to choose between “status quo candidate “x’ and status quo candidate ”y”. 

With Citizens once again able to run; Candidates will be responsive to the voters of their County, unless they wish to lose. The SB54 Sanctuary State Rebellion issue will be dominant as voters statewide demand their County Sheriff defy the rebels. They may not be able to elect a state legislature to overturn it or a state-wide official; but they can elect their County Sheriff who will refuse to comply with it! We will see ‘reformers” who demand real civil rights protection and those who seek ending of drug-user persecution join with Second Amendment Rights activists and taxpayers who oppose the obscene salaries and pensions of ‘Law Enforcement” in CA. It will be an entirely new election game. There will be REAL elections as the voters are heard and their will prevails.

Bruce Boyer for Ventura County Sheriff


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