On August 20, the Riverside Superior Court ruled in favor of the City of Indian Wells and its Election Official by affirming that Measure J prevents Council Member Ty Peabody, former Council Member Doug Hanson, and others who have already served two four-year terms on the Council from running again in 2024. Council Member Ty Peabody and former Council Member Douglas Hanson filed a lawsuit against the City of Indian Wells challenging the application of the lifetime term limit in Measure J to them.
In March 2020, Indian Wells voters overwhelmingly passed Measure J, a voter-initiative ballot measure that changed City Council elections by limiting Council service to two four-year terms “during his or her lifetime.” Measure J also prohibits the City Clerk, who serves as the City’s Election Official, from accepting or verifying nomination papers for any person seeking to run for City Council who has previously served two four-year terms. The term limit imposed by Measure J was approved by over 61 percent of Indian Wells voters.
For candidates in the November 2020 election, the Election Official enforced Measure J and refused to accept nomination papers from former elected officials who had already served two four-year terms. Former Councilmember Hanson sued the City, and the Riverside Superior Court ruled that under state law (Election Code section 36502), Measure J could not be applied to terms served before the measure’s adoption in 2020 and ordered that Mr. Hanson’s name be placed on the ballot — even though he had already served two four-year terms. The Election Official complied and also adhered to the 2020 Superior Court’s interpretation during the 2022 election.
By way of background, at the City Council’s 2023 Strategic Planning Session, the Council approved the establishment of an Ad Hoc Council Committee composed of then-Mayor Pro Tem Greg Sanders and Council Member Bruce Whitman to assist in the review of Measure J. The City was aware that a 2023 appellate case, Monell, established conclusively that it would be proper and consistent with state law to apply Measure J’s term limit to all terms served during a person’s lifetime, regardless of when Measure J was adopted.
The Ad Hoc Council Committee shared the recent appellate court decision with the Election Official, and the decision was made to obtain an independent legal opinion from a law firm that specializes in election law. The Election Official subsequently concluded that this new appellate decision together with Measure J constitutes a significant change in circumstances and supports the City in counting all Council terms served during a person’s lifetime — whether served before or after the passage of Measure J.
For more information on elections in Indian Wells, please visit CityOfIndianWells.org/City-Hall/Elections.