Thursday, April 17, 2014

Udated: Gregory Diaz and Foot Dragging?

Below is an excerpt of a press release (published on April 16, 2014) from Americans for Safe Access - Nevada County ("ASA-NC"):

Americans for Safe Access - Nevada County is holding a Press Conference on Tuesday, April 22, 12:00 noon at the Eric Rood Center, 950 Maidu Avenue, Nevada City.

The culmination of two years work by the medical marijuana activist group will come to a head on April 22 when the Nevada County Board of Supervisors are presented with a resolution to schedule an election for the Americans for Safe Access initiative by Greg Diaz, head of the Elections Office. If adopted, the measure would rescind County Ordinance #2349 and replace it with regulations that meet CA State minimum standards for marijuana cultivation.

ASA-NC alleges that foot dragging by the Elections Office has caused their measure to get pushed from the June Primary to the November General Election and the ACLU is investigating whether actions taken by the County rise to the level of election tampering. 

See also The Union, "ASA announces ACLU investigation into Nevada County election tampering" which is found here and a Yubanet posting here.

Gregory Diaz's ineptitude in relations to the ASA-NC ballot initiative as already been discussed in detail both here and here.

Now, Gregory Diaz's election office is being investigated by the ACLU for possible election tampering in addition to his ineptitude.

This investigation by the ACLU is in addition to issue in connection with his foot dragging is in addtion to being investigated and listed in a complaint by Department of Justice on May 26, 2012 for failing to properly follow the Uniformed and Overseas Citizens Absentee Voting Act and the Military and Overseas Voter Empowerment Act and in addition to being a defendant sued by a software company for violation of intellectual property rights during which evidence was destroyed which would likely proved the wrong doing.

All of the articles about Gregory Diaz can be found here.

We have discussed Gregory Diaz's inability to properly and honestly run the Nevada County elections office ad nauseum, so another investigation (this one for election tampering into his footdragging) is no surprise to these readers. If I said it once, I have said it one thousand times...Gregory Diaz is wrong for Nevada County and he needs to go.

UPDATED April 18, 2014 - 7:17pm: An Yubanet story on the draft ASA-NC press release can be found here and Yubanet states, "Not everyone appears to have gotten the memo that, as of today, no charges of any kind have been filed and that the press release was retracted and replaced."

Yubanet is reporting as follows: "The ACLU of Northern California responded to our [Yubanet's] request for comment by saying: 'The ACLU is in no way involved in this, nor are we investigating anything. Any involvement by Lanette Davies is solely in her individual capacity.'" 

Apparently and according to ASA-NC, the ACLU did contact ASA-NC to inquire and determine if there was a problem, but the election office completed the verification within the statutory maximums.  While there is no legal problem, ASA-NC's contention is that the election office could have completed the verification sooner...hence the foot dragging.

The corrections are appropriately made above by striking out the corrected text.  That should clear up the confusion.


  1. If an impartial person stopped to look at the Elections Office performance under Diaz,
    esp. the fiasco surrounding Americans For Safe Access efforts to place an issue before the voters, that person would have to conclude that Nevada County does indeed need to remove Diaz from office. ASA right to due process has repeatedly been violated. When is enough, enough!? I suppose the so called conservatives of Nevada County will continue to ignore the problem since this transgression is consistant with their bigoted, uninformed , misinformed attitude regarding medical marijuana. The Board Of Supervisors should adapt the ASA proposed ordinance and spare us any further offense. However I suspect those so called Tea Party Tenth Amendment supporters will over look this again. Sorta like "do it to Suzy, but not me". Hope I am around when it's their turn (conservatives) to be violated.
    For the record I am a conservative. I just happen to believe in equal treatment under the law.

  2. It will be interesting what the supervisors will do on Tuesday. The logical thing to do would be to have the county perform a study to find out the potential impacts of the modified ordinance and revisit the issue in a couple months. Personally, I would like to know the potential impacts of the modification. Less likely, I would like to see an investigation by the county into the role of Gregory Diaz in all of this. This office is supposed to be non-political, but Diaz does not appear to be running it in a non-political manner.

  3. Wow! The crazies came out tonight! Jeff, if you took a media law class in college (which appears doubtful), you should call for a refund. You have no idea what you are talking about.

  4. Jeff: You get one post today, because it is Easter and you are mispresenting media law. Gregory Diaz is a public figure. In order for him to be successful in a defamation suit against Ms. Smith (or anyone for that matter), he needs to show by clear and convincing evidence that the statement was made with either knowledge of the falsity or with reckless disregard. A mistake or not calling him is nowhere close to reckless disregard. Only a handful of these cases by brought by public figures have been successful, and as an attorney for a public figure, I am one of those handful. In short, nobody is suing anybody and the allegations that you are making to that effect are ludicrous. Hope that clears up media law for your readers. Happy Easter.

    This was also posted at Jeff's site...he usually forbids my comments so we will see if he allows it.

  5. The crazies came out tonight! Jeff, if you took a media law class in college (which appears doubtful), you should call for a refund.

    Apparently you don't understand law Barry..... as evidenced by your having the poor taste to attend law school in....sotto voce.....Valparaiso, Indiana of all places instead of a real city like Berkeley or Chicago and practicing for only six yearsI

    I now sign off with the requisite "LOL" as required by standards and practices dictated by Nevada Citys finest ex-journalist.

  6. I have been practicing since 2005 actually. What the FUE does not tell you is that I had the audacity to pass two bar exams and practiced in Indiana before we moved back to Grass Valley.