Did Mr Cifuentes Commit Perjury? You Decide.
This is Mr. Tony Cifuentes. As you can see he really hates excuses, so this will be his chance to prove it. He has been endorsed by Larry McCallon and James Ramos. In fact as you will see below, Mr. Ramos and his family have given Mr. Cifuentes $7,500 for his campaign.
Background
As part of the process to run for council for the City of Highland, nomination paper work had to be completed and submitted no later than August 12, 2016. Some of these documents had to be signed under the penalty of perjury, meaning the signer is under oath and is asserting that everything on that document is "true and correct." Tax returns must be signed under the penalty of perjury, so one better make sure that in fact everything on the document is "true and correct"
The Facts
Here is Mr Cifuentes' nomination paperwork: Cifuentes Nomination Papers. (See who has given Mr Cifuentes money for his campaign.) This is public information and Betty Hughes sent this to all candidates. Everyone has access. In the nomination paperwork you will see this form:
As can be seen Mr Cifuentes signed this form on 8/4/2016 under the penalty of perjury. He affirms that the statements on this form are true and correct. This an official state of California form and all candidates in the state must sign the exact same form.
This is a city form and it was also signed under the penalty of perjury. He signed this form on 8/2/2016, two day before the form above.
Both forms claim that Mr Cifuentes resides at 26127 6th Street, Highland, CA 92346. The problem is this address is the address of the Highlanders Boxing Club which Mr Cifuentes is the executive director:
So if we are to take Mr Cifuentes at his word, he lives at the boxing club with his wife and child! According to Mr Cifuentes' campaign statement, he has been a resident of Highland for 22 years:
In addition, the boxing club is a licensed business in the city of Highland. Here is a copy of the business license:
So he, his wife, and his child have resided at the club since 2010 when club was established. The boxing club was a prior commercial building. Not the type of place to raise a child.
But wait a minute is there more to the story? You betcha! According to three public records requests (included below) Mr Cifuentes resides at 6637 Merito Ave. San Bernardino, Ca 92404, and this address is neither in the city of Highland nor in the District 2, which he is running in. Here are the public record requests:
1. RealAddressMaybe1
2. RealAddressMaybe2 (Note Mr Cifuentes has a alias)
3. RealAddressMaybe3 (Here is a picture of his house)
Notice there are a few addresses shown that are in Highland, but none of them are located in the 2nd District. It is also easily seen Mr Cifuentes has not live in Highland for 22 years.
Could he actually be living in the boxing club? Well the club is paid for by tax payers by what is a called a "Community Development Block Grant." According to the contract between the city and club, a contract signed by Mr.Cifuentes, the club is to be used exclusively for the boxing club's activities and cannot be used as living quarters for Mr Cifuentes, his wife, and his child. A public records request has been submitted to the city asking for a copy of the rental agreement and the last 12 rental checks.
It is also known since voter information is public records that Mr Cifuentes lists his residence as the boxing club. Here is official voter registration for the Registrar of Voters:
As can be seen, he has been using the boxing club as his address since 11/17/2013.
However, and this is a big however, a business cannot be used as a residence for voting purposes. But to be able to run, he must be a registered voter in the city per city law:
201. Unless otherwise specifically provided, no person is eligible to be elected or appointed to an elective office unless that person is a registered voter and otherwise qualified to vote for that office at the time that nomination papers are issued to the person or at the time of the person's appointment.
So both state and city law REQUIRE that all candidates for elective office be a registered voter at the time of nomination. Now the question is can Mr. Cifuentes be a registered voter using the boxing club, a licensed business, as his place of residence? The answer is absolutely NO!
It is also known since voter information is public records that Mr Cifuentes lists his residence as the boxing club. Here is official voter registration for the Registrar of Voters:
As can be seen, he has been using the boxing club as his address since 11/17/2013.
However, and this is a big however, a business cannot be used as a residence for voting purposes. But to be able to run, he must be a registered voter in the city per city law:
2.12.030 Election of members of the city council by
district.
A. Following
the effective date of the ordinance codified in this chapter and upon the
commencement of “by district” elections in the order established in HMC 2.12.040, members of the city council shall be
elected “by district” as defined in California Government Code Section 34871 or any successor
statute. A person shall not be eligible to be elected as a member of the city
council by district unless he or she is otherwise qualified as required by law
and resides in the district, and both resided in the geographical area making
up the district from which he or she is nominated to be elected and was a
registered voter of the city of Highland at the time nomination papers are
issued to the candidate as provided for in Section 10227 of the California
Elections Code.
In addition, all office holders in the state of California MUST be a registered voter:201. Unless otherwise specifically provided, no person is eligible to be elected or appointed to an elective office unless that person is a registered voter and otherwise qualified to vote for that office at the time that nomination papers are issued to the person or at the time of the person's appointment.
So both state and city law REQUIRE that all candidates for elective office be a registered voter at the time of nomination. Now the question is can Mr. Cifuentes be a registered voter using the boxing club, a licensed business, as his place of residence? The answer is absolutely NO!
Election Code 349 says this:
349.(a) "Residence" for voting purposes means a person's domicile.
(b) The domicile of a person is that place in which his or her habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning. At a given time, a person may have only one domicile.
(c) The residence of a person is that place in which the person's habitation is fixed for some period of time, but wherein he or she does not have the intention of remaining. At a given time, a person may have more than one residence.
The courts have long since held that no one is domiciled at a business and therefore a business cannot be used a the address for voter registration purposes. The is recognized by the California Secretary of State (http://www.sos.ca.gov/elections/additional-elections-information/publications-and-resources/voting-law-compliance-handbook/):
There it is. Mr Cifuentes is NOT a registered voter in the city of Highland and in fact is not a registered voter. HE IS NOT ELIGIBLE TO RUN! The issue is not moot.
Mr Cifuentes acknowledges he was NOT a registered voter when nominated on 8/12/2016 and it probably is an admission of perjury.
It appears that Mr Cifuentes doesn't reside at the boxing club with his wife and child. If this is true, then he is guilty of Penal Code 118:
349.(a) "Residence" for voting purposes means a person's domicile.
(b) The domicile of a person is that place in which his or her habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning. At a given time, a person may have only one domicile.
(c) The residence of a person is that place in which the person's habitation is fixed for some period of time, but wherein he or she does not have the intention of remaining. At a given time, a person may have more than one residence.
The courts have long since held that no one is domiciled at a business and therefore a business cannot be used a the address for voter registration purposes. The is recognized by the California Secretary of State (http://www.sos.ca.gov/elections/additional-elections-information/publications-and-resources/voting-law-compliance-handbook/):
Registering To Vote
I work in a county other than the one in which I reside. I spend the majority of my time at work. I would prefer to register to vote using my work address. Can I do that?
No. The Elections Code requires you to register to vote using the address of your domicile in the county in which you reside. "Domicile" is defined as the place where you live, where your habitation is fixed, and where you intend to remain and return to whenever you are absent from it. (Elections Code sections 321, 349, 2020-2034)
There it is. Mr Cifuentes is NOT a registered voter in the city of Highland and in fact is not a registered voter. HE IS NOT ELIGIBLE TO RUN! The issue is not moot.
UPDATE: Mr Cifuentes Registers To Vote on 9/26/2016:
Mr Cifuentes acknowledges he was NOT a registered voter when nominated on 8/12/2016 and it probably is an admission of perjury.
Where do we go from here?
"118. (a) Every person who, having taken an oath that he or she will
testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and
contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she
knows to be false, is guilty of perjury.
This subdivision is applicable whether the statement, or the
testimony, declaration, deposition, or certification is made or
subscribed within or without the State of California."
Let's hope Mr Cifuentes doesn't use the defense that he didn't know that he, his wife, and his child didn't reside at boxing club.
Ms Betty Hughes, City Clerk has been informed; Mr James Ramos has been informed; the Registrar of Voters will be informed; the Secretary of State will be informed; and the Fair Political Practices Commission will be informed.
Finally, DA Mike Ramos' office will be informed. If necessary legal action will be taken to protect the citizens of Highland.
It is hoped that Mr Cifuentes will do the right thing, that being he drops out of the race and obtains legal representation to protect himself and his family. He has already put the club's existence in jeopardy by using the club inappropriately, e.g. using the club for a political event and this will result in the IRS revoking the club's non profit status and will prevent the club from receiving any more federal tax dollars. This is now being investigated by the county. It is hoped he lives up to #4:
Claiming under the penalty of perjury that one resides in the district when this is false corrupts and undermines our American system of free elections. It amounts to moral turpitude.
Please Mr Cifuentes: NO EXCUSES!!
Let's hope Mr Cifuentes doesn't use the defense that he didn't know that he, his wife, and his child didn't reside at boxing club.
Ms Betty Hughes, City Clerk has been informed; Mr James Ramos has been informed; the Registrar of Voters will be informed; the Secretary of State will be informed; and the Fair Political Practices Commission will be informed.
Finally, DA Mike Ramos' office will be informed. If necessary legal action will be taken to protect the citizens of Highland.
It is hoped that Mr Cifuentes will do the right thing, that being he drops out of the race and obtains legal representation to protect himself and his family. He has already put the club's existence in jeopardy by using the club inappropriately, e.g. using the club for a political event and this will result in the IRS revoking the club's non profit status and will prevent the club from receiving any more federal tax dollars. This is now being investigated by the county. It is hoped he lives up to #4:
Claiming under the penalty of perjury that one resides in the district when this is false corrupts and undermines our American system of free elections. It amounts to moral turpitude.
Please Mr Cifuentes: NO EXCUSES!!
