Election

Fullerton City Council Candidate Charged with Two Felonies for Falsifying Nomination Paperwork

Candidate Scott Markowitz is not eligible to take office if elected on November 5, 2024, Fullerton City Council Ward 4 Election.

A Fullerton City Council candidate for Ward 4 has been charged with felony perjury for falsifying nomination paperwork stating he personally collected the signatures necessary to qualify him for the November 5, 2024, Fullerton City Council election. As a result of the falsified nomination paperwork, candidate Scott Markowitz will not be eligible to serve on the Fullerton City Council should he be elected to the seat.

Ballots have already been printed with Markowitz’ name as a candidate for Fullerton City Council Ward 4. Due to his ineligibility to serve on the City Council, if Markowitz is elected, the city of Fullerton would be forced to hold a special election to elect a candidate eligible to be seated.

City Council candidates are required to sign an attestation under penalty of perjury, stating that they personally collected the signatures necessary to qualify as a candidate for a particular elected office.

Markowitz was arrested by Orange County District Attorney investigators Monday night and booked into the Santa Ana city jail. He has been charged with one felony count of perjury by declaration and one felony count of record of a forged or false instrument. He faces a maximum sentence of three years and eight months in state prison if convicted on all counts.

On August 9, 2024, Markowitz signed the candidate nomination paperwork under penalty of perjury, stating that he was the circulator of the candidate paperwork and collected the 30 nomination signatures. Anyone over the age of 18 can circulate the nomination paperwork, but the person signing the paperwork must be the same person who witnessed the signatures in person. Markowitz attested under penalty of perjury that he personally witnessed the signatures, but numerous voters who signed Markowitz’s nomination paperwork told district attorney investigators that Markowitz was not the circulator of the paperwork and he did not witness them signing the nomination papers, rendering the signatures invalid.

“American democracy relies on the absolute integrity of the electoral process,” said Orange County District Attorney Todd Spitzer. “Voters must have total confidence that every election is being carried out in a fair and unbiased manner. Interference in the electoral process in any manner and at any stage jeopardizes the will of the people being carried out while eroding the trust of voters that their vote counts. As the elected District Attorney of Orange County, I refuse to allow anyone to subvert and exploit our electoral process. The decision to file criminal charges against the candidate prior to an election is not a decision I made lightly, but given the risk to the electoral

process as well as the potential of the City of Fullerton having to pay for a special election should Markowitz be elected, there was no choice but to file criminal charges prior to the election and alert voters of his ineligibility to run for City Council. The Orange County District Attorney’s Office remains fiercely committed to investigating and prosecuting election fraud to ensure the voice of every Orange County resident is heard when they cast their ballot.”

Deputy District Attorney Heather Heslep-Morrissey of the Special Prosecutions Unit is prosecuting this case.


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19 replies »

  1. “Zenger has been commenting on this for weeks.”

    On what exactly? Can you quote him claiming perjury on Markowitz part as regards certifying in-person signature gathering.

    That’s not what I understand his complaint was.

    Zenger is here daily, pushing a point of view and attacking the Observer. He claimed Markowitz was making trumpy statements but was backed by Democrats. That’s not the same thing as making a claim of a violation of the law. But maybe he did. Show us.

  2. If true, one has to wonder who, in fact, did circulate the nominating petition. Were the actual circulators connected with another campaign? Or a political party? Both?
    Perhaps the Observer might ask some of the residents with signatures on the petition. Seems like the DA already has.

    • The DA and the petition signers are not talking yet. When the case is over then we may get answers.

      • If that’s the case I can just read the DA’s press release on that website.

  3. I wish the Fullerton Observer would do articles on matters that directly affect the residents and businesses in Fullerton. The Orange County Power Authority has been overcharging residents and businesses enrolled in the second tier rate, the default as Vice-Mayor Fred Jung placed them into, while placing the City utility rate at the lowest tier, where just the City gets a mere 1-2% discount. Why would he do that? MONEY. Money for him, and the other 3 members left on this board to use “at their discretion”. The Power Content label is deceiving, it shows what OCPA has PURCHASED, NOT what they SOLD OFF for a PROFIT! The agency is not providing cleaner energy than SCE, because ALL OUR POWER comes directly from SCE in a mix. Whether you are in or out, we ALL get the same mix! So, who is fooling who? Research this! OCPA is making a fortune off of its RATEPAYERS!

    • Dee Fox Roseberry, I wish you would send the proof of what you say here and on any corruption you know about with the OCPA to the Fullerton Observer email address. I am sure someone will look into anything you send.

      • The OCPA on Ratepayer Funds abuse is found on their website (ocpower.org) under Resources, Key Documents, then under Finance & Budget, select Treasurer Reports, and then click on the ones that include the Quarterly Check Registers. The Registers are included at the end. The OCPA Board is paying their select organizations from RATEPAYER FUNDS (because this not for profit organization is funded by its ratepayers) that have nothing to do with clean energy projects. Example: $5,000 for Tommy Lasorda Day in Fullerton, $2,500 going to Korean Businesses overseas, Dinner at Ella’s in Sacramento for $3,851.10, Airfare, Hotels (one charge for over $14,000), the list is endless. All these charges never go before the board for approval, they are done behind closed door. Fred Jung said if the public has a problem they can speak during public comments. I told him the check registers are posted quarterly and that’s a little late for checks already dispersed. He said the board can pay funds at their discretion…so in other words, they can use ratepayer funds for anything they want and the sky is the limit. And when you look at these logs, prepared to be made as heck.

        Regarding the OCPA’s tiered plans – It’s a fact that renewables need backup to supply power when the sun goes down. So where is SCE’s backup system? SCE’s grid can only handle so much renewables before it becomes unstable and we are all sitting in the dark when the sun goes down. It is impossible to load 100% renewable energy on the SCE grid, not to mention the fact that OCPA buys and sells power, they don’t deliver it. So, OCPA’s tiered plans are seriously flawed. They are telling you that they will purchase clean energy on your behalf, but you are not getting that clean energy because they are selling it off, and for a profit! To really understand this, you should listen to Jim Phelps, who is an energy expert for over 30 years and well respected in the industry. What I am saying to you here is, you are being deceived, you are paying more, for what we all get, and the idea that they are investing in renewable energy projects, look at the check registers.

        FYI – nice you know my married name

        • Dee – thanks for the instructions on where to find the information you say backs up your charge of corruption. While I am not a fan of the Public Relations expenses OCPA is doing or costs of attending conferences I don’t agree they are evidence of corruption on anyone’s part.
          Also – I think Director Kathleen Treseder – who, since her appointment on the board, has been the major figure in cleaning up OCPA from its early (possibly corrupt) errors and is an expert on clean energy and Community Choice organizations would be speaking up if there were such problems.
          Anyone can listen to the board meetings online or go in person and ask questions.
          Seems like it is working as it should and is quite transparent.
          Both Treseder and Phelps have interesting articles posted at Voice of OC.

        • Another thing… you are not distinguishing between behavior specific to OCPA and Community Choice Aggregation simply as a LAWFUL model, in state law, for connecting rate payers with power generation contracts. They are a middle man, and no they do not hand you the electrons straight to your home per se. But are you opposing the model or the organization, or both?

          As to marketing and community outreach expenses of a CCA: they are part of the model. I’d prefer their marketing junkets be kept to a minimum but it’s pretty standard stuff and I’m glad people like you are out there holding them accountable. The community outreach and pushing renewable energy is part of their lawful mission and I think it makes sense.

          “They are telling you that they will purchase clean energy on your behalf, but you are not getting that clean energy because they are selling it off, and for a profit!”

          You’re not convincing me. Again I get they’re a middle man, but the goal is more renewable generation and that is what they are arranging.

          “It’s a fact that renewables need backup to supply power when the sun goes down. So where is SCE’s backup system?”

          This is a seperate policy concern from generation. CCAs do not have to provide storage, though they can if they want to provide the financial benefits to ratepayers.

          There are multiple ways we are going to deal with the Duck Curve and other reliability issues.

          a) Grid scale storage. Batteries, pumped hydro
          b) Long transmission lines to get power from areas where there is currently generation happening. It’s windy somewhere, the water is flowing somewhere, other states may have excess capacity and can sell to us rather than curtail.
          c) Homeowner storage (home batteries, EV batteries with vehicle to grid capability) including rooftop solar users using up their own generation rather than relying on net metering
          e) Emergency generation capacity, for long duration events. Could be fossil fuel.

          I don’t know why you think the CCAs have to handle that when there are other routes. It’s a system. For example CCAs do need to work on the grid itself. It’s not their job, for us, that’s SCE’s job. The CCA core role is being a middle man connecting ratepayers with energy generation contracts.

    • “The agency is not providing cleaner energy than SCE, because ALL OUR POWER comes directly from SCE in a mix.”

      To that single point… I guess, but there’s literally no way around that, but it doesn’t make sense to worry about it.

      CCAs negotiate contracts that absolutely result in more renewable and carbon neutral energy makes it onto the grid.

      Whether those particular electrons make it to my house doesn’t matter, because short of curtailment, they get used by someone.

      Electrons are fungible.

      • So, no need to worry that we all get the same mix of energy, yet OCPA ratepayers are paying more for something they are not even getting. And I’m not worried, but if I was in the OCPA, I would be.

        Your suggestion that renewables make it on to, what, a grid somewhere? Probably, but not in sunny California, after being sourced, how many times? You have heard of REC’s, right? Assuming you have, why is the OCPA purchasing REC’s from various agencies, including SCE?
        Look at the Check Register logs…

        And why did the Orange County Board of Directors leave the OCPA? And why did Huntington Beach leave (and it wasn’t political), and why has no other OC city joined? Fountain Valley is the only city left, and they may get sucked in, but it comes with some favors from your Vice-Mayor…using their community to benefit an election! Very sad!

        • I support OCPA because climate change is costing us billions. Irvine resident Dee Fox has been bad mouthing OCPA for years. She used to spread false rumors about Irvine Mayor Farrah Kahn and Irvine Councilmember Mike Carroll because they were on the OCPA Board. Now she continues to spread rumors about Jung, Irvine Councilmembers Kathleen Treseder and Kim. She doesn’t like OCPA, but facts prove her wrong on the issue.

        • “So, no need to worry that we all get the same mix of energy, yet OCPA ratepayers are paying more for something they are not even getting”

          Honestly, on this point, I cannot tell if you’re confused or attempting to confuse others. But switching to political concerns about which city is in or out based probably on political controversy you are part of pushing, only makes me and other less likely to take you seriously.

          As long as they are making the power purchase agreements and that sufficient power actually gets generated and delivered, in the mix their customers have paid for, yes, they are absolutely doing all we can expect them to do. It is how it works.

          In the end, electrons are electrons. It doesn’t matter if an electron got pushed by a solar panel or a nuclear plant, it *works* the same so I don’t care which one gets to my house.

          Think of it this way, you are deciding where your dollars go to generate power from different sources. You are not paying for specific electrons to get to your house. There’s no way to do that even if you wanted, so if you have any valid concerns, you might stop making that one so people will hear you.

  4. BTW, OCPA does not deliver power to us, SCE does. And OCPA has purchased “resource” power from Edison because they didn’t have enough for their ratepayers…it’s all in the logs that I referenced if you care to check my facts. And you may want to do this before you respond again, as you will probably have a different take on this organization. Just sayin’.

    • Well for that matter OCPA doesn’t just not deliver the power to you, they also don’t even actually generate the power!

      Someone else does! And then SCE delivers it! For the love of goodness, what the heck are they even doing over there?

      Answer to my sarcastic question: they are providing a service where they act as a middle man between you and companies that generate power and arranging contracts and payment.

      Imagine if you wanted on your own to have more of your ratepayer dollars going to clean energy. How would you do it? SCE is going to provide whatever power they pay for generation of, and you have no choice. Someone has to have that delivery and grid maintenance contract, I don’t know how you can split that up. So power utilities are natural, regulated monopolies.

      But generation isn’t a natural regulated monopoly since it can happen anywhere, and not as tied to the wires that carry it as your house is.

      So what if you could take your dollars for power *generation* (not delivery) and give it to someone else who does generate it the way you wish?

      That directly generates more clean energy into the grid, and incentivizes SCE which also arranges for generation to COMPETE and offer similar packages, or at worst offer cheaper rates for dirtier energy.

      That’s the concept, and it’s sound. If OCPA is actually not living up to their own stated lawful role, muckrake away. But most of what you’re saying is not making that case.

      • Are you serious? Where is the proof in all that you say….are we just suppose to take their word for it?

        • Their word for it? They have a fiduciary duty to ratepayers, they have lawful obligations. You trust them as much as you trust subway not to poison you when you bite into a sandwich. A problem could happen but there is a lawful regulatory framework for non profit CCAs in the state of California. If they violate it they would be on the hook for damages and criminal sanctions against executives.

          Like I said if they’re not living up to the laws that’s one thing and you haven’t shown it at all.

          You’re just saying you don’t trust the model. I think it’s because you don’t understand the or trust the economic argument / value proposition but I could be wrong.

    • Why is a CCA buying renewable energy certificates? Because as I said CCAs do not AFAIK generate or deliver the power themselves. Someone else does it. Could be any third party that generates power in a way appropriate for a California CCA. The point of having certificates is to clearly define what is being purchased and so that you don’t get energy production double counted by different parties, etc.

      Why are you asking me how CCAs work? You’re holding forth as to their business practices, but again it seems like you need to do some research to understand their business model. How can you hold forth on the rectitude of their practices if you don’t know how they’re supposed to operate?