PASADENA — The city attorney has ruled that David John Wachtel, who filed nomination papers for the Board of Directors in District 3, has failed to qualify for the ballot because he has not demonstrated that he lives in the district.
Wachtel, who described himself in his nomination papers as a homeless street performer, poet, artist and paralegal, filed his candidacy Jan. 6, the deadline, and then gave the city clerk a memo Jan. 9 declaring his desire to withdraw from the ballot and become a write-in candidate.
The Elections Code prohibits a candidate from withdrawing his nomination papers after the filing deadline, City Atty. Victor Kaleta said in a six-page written opinion. But, Kaleta said, Wachtel cannot qualify for the ballot because he does not meet the residence requirement.
Residence in City Park
Kaleta noted that a state Court of Appeal decision in 1985 permitted a homeless person in Santa Barbara to establish a voting residence in a city park. But, Kaleta said, that case did not consider whether a homeless person can use a park address to become a candidate.