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Novato man says SMART vote illegal, files suit – Marin Independent Journal
Tuesday 2 Jun 2009, 06:30
Filed under: Marin, Northwestern Pacific Railroad, Novato, Railroad, SMART, transit

Novato man says SMART vote illegal, files suit – Marin Independent Journal.

Former Novato councilman Dennis Fishwick – acting on his own behalf without an attorney – filed the lawsuit in Marin Superior Court against the district and SMART board, saying they stripped the right of Marin voters to reject the quarter-cent sales tax with a less than two-thirds approval.

State law requires a tax increase to receive two-thirds approval from voters.

Measure Q received 73.5 percent approval in Sonoma County, but only 62.8 percent in Marin. That caused confusion among some Marin voters, who thought the measure had been defeated.

But because state legislation in 2002 created the Sonoma-Marin Area Rail Transit District, the vote tallies were combined and reached 69.5 percent, enough to win. SMART officials maintain that satisfies state law.

This will likely fail. For a previous example, BART, when approved didn’t have 2/3 approval in all voting counties. However the combined vote for BART, like SMART did have 2/3 approval. Generally not a good idea to operate without an attorney.

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