Shirley Horton files to run for State Board of Equalization

Barry Jantz Barry Jantz 3 Comments


In a surprise to many, especially those hoping she would once again seek office in the City of Chula Vista, former Assemblywoman Shirley Horton late yesterday afternoon visited the Registrar of Voters to set in motion a bid for State Board of Equalization.

For several months the BOE race to succeed a term-limited Michelle Steel was principally shaping up to be an Assemblywoman Diane Harkey versus Senator Mark Wyland matchup, which was getting ugly before it even started, including at one point Harkey even suing Wyland.

But, with Wyland recently opting out of the contest, many wondered if any other credible candidates would hop in the fray against Harkey and former Assemblyman Van Tran.

FlashReport publisher Jon Fleischman’s reaction to the Horton news was quick today, given her past support in the legislature for cap and trade legislation.

I’m in the process of getting a possible comment from Horton.


Update 6:05 p.m. Some confusion has taken place today about the five day deadline extension for candidates to file when an incumbent doesn’t do so by the original deadline (which was Friday). It was suggested to me that Horton actually has until next Wednesday to decide to run, as do others, and that other candidates may surface by then. It was even stated by someone close to Horton that she may opt out if another candidate files.

Those assumptions would be incorrect.

Hat tip to Scott Lay of The Nooner…

CA Elections Code 8022:

“Notwithstanding Section 8020 or any other provision of the law, if nomination documents for an incumbent state Senator, Member of the Assembly, state constitutional officer, Insurance Commissioner, Member of the United States House of Representatives, or United States Senator are not delivered by 5 p.m. on the 88th day before the direct primary election, any person other than the person who was the incumbent on the 88th day shall have until 5 p.m. on the 83rd day before the election to file nomination documents for the elective office.

“However, if the incumbent’s failure to file nomination documents is because he or she has already served the maximum number of terms permitted by the California Constitution for that office, there shall be no extension of the period for filing the nomination documents.”

The however clause is key. Horton is in the race, whether she knows it or not.

Update Monday 3/10/14 From Scott Lay at The Nooner:

FILING EXTENSION ANSWER: The Secretary of State has determined that Election Code section 13108, dealing with redistricting determinations, extends the filing period for the BOE and State Senate districts.


Comments 3

  1. I see this race shaping up as a thriller-comedy; a big improvement over the San Diego-based state candidacies that are shaping up as tragic comedies.

  2. Horton is an independent thinker and will do well for the business folks and taxpayers of BOE’s third District.

    Shirley Horton as member of BOE will have District 3 in great hands!! Horton has led our City of Chula Vista for 8 years as Mayor (1994 – 2002) transforming it from an ordinary City to a Superstar City…. making it the safest and the most fiscally sound city in San Diego County.

    Chula Vistans love Shirley Horton and are grateful for all that she’s done. And then Horton moved on to the Assembly where she’s done greater things for her 78th District Constituents. Horton is an independent thinker and will do well for the business folks and taxpayers of BOE’s third District.

    Horton is our “Steel Magnolia”. We, Chula Vistans, were hoping she’d run for Mayor again — but now that she’s running for BOE District 3, we’ll support her all the way. Join us, Barry and friends!

  3. Diane Harkey financed her political campaigns off the backs of investors scammed by her husband, Dan J. Harkey of Point Center Financial. Like it or not, the two are financially attached at the hip.

    Dan Harkey, whose failed company is now in bankruptcy was found in breach of his fiduciary duty, breach of contract, breach of promissory note, and committed elder abuse in a recent civil case involving over 80 investors. Make no mistake about it, there were over 2,000 Harkey investors watched as $500 million dollars of their hard earned money evaporated at the hands of Mr. Harkey.

    How can a woman who claimed under oath to have never read a single financial statement for her investments in her husband’s company claim to be qualified to sit on a Board of Equalization? How is it she earned over $200,000 a year in income from investments in her husband’s business while all other investors had their redemptions frozen; since 2007?

    Diane Harkey’s failed lawsuit against Senator Mark Wyland is a typical example of frivolous and vexatious litigation being used as a bullying tactic and cheap stunt to gain publicity. It reflects the kind of pettiness Mrs. Harkey brings to politics and will bring to the BoE.

    California has enough financial problems without being further tainted by the influences of the likes of Diane Harkey.

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