CHALLENGER: DELETION IS RIGHTS SNUB COUNTY: BALLOT DATA BROKE STATE LAW.

Byline: Charles F. Bostwick Staff Writer

PALMDALE - Mayoral candidate Desmond Kester criticized election officials' decision to edit from his election ballot statement a reference to the city manager's pay, city credit card use and financial support from developers.

Kester said Los Angeles County officials are violating his First Amendment rights by deleting the three sentences.

``They exceeded their authority by quite a bit,'' said Kester, who is trying to unseat seven-term incumbent Mayor Jim Ledford in the Nov. 8 election.

A county attorney said the paragraph violates state election law, which specifies that candidates' statements in the official sample ballot pamphlet mailed to all registered voters may only list a candidate's background and qualifications.

The offending paragraph reads: ``Do you think it is proper for a city manager to be paid more than California's governor, plus over $30,000 in bonuses? Are you outraged city credit cards are used to pay family members' expenses of local elected officials? Do you believe it is time elected officials stop big fundraiser dinners of appreciation sponsored by large developers?''

Said county attorney Judy Whitehurst: ``That didn't relate to his own qualifications.''

The mayor said Kester was trying to use the ballot pamphlet statement to make a personal attack.

Of the issues the deleted paragraph raises, Ledford said City Manager Bob Toone is paid comparably to other city managers in similar positions, city officials pay back any personal or family expenses that go on municipal credit cards during official travel, and financial contributions from developers are legal and not improper if there is no pending decision.

``He got personal in a way that is not allowed,'' the mayor said of his opponent, whom he had defeated in 2001. ``He just has to work within the rules just like everybody else.''

(Gov. Arnold Schwarzenegger's annual salary is $175,000, which the multimillionaire actor is not collecting. Toone's salary was raised to $240,500 in January 2004. In comparison, Lancaster City Manager Robert LaSala was hired for $200,000 a year in November 2004.)

State law says a candidate's sample ballot pamphlet statement may include his or her name, age and occupation and a brief description of the candidate's education and qualifications.

The law was upheld as clear and unambigious, Whitehurst said, in a 1998 state appellate court ruling over a challenger using his ballot statement to attack the incumbent Orange County school superintendent.

The appellate court ordered three paragraphs attacking the incumbent to be deleted from the ballot statement, records show.

Kester said he believes the candidate statement may be modified only by an order from a judge, not by election officials. His statement doesn't mention anyone by name, he added.

``We plan to fight this,'' said his wife, Marta Williamson-Kester, who is his campaign manager as well as a City Council candidate in the Nov. 8 election.

They have talked to an attorney but have not filed any legal action. The Kesters added that county officials have given them little time to fight, since the deadline to print the ballots is within two weeks.

Whitehurst said Kester is one of five candidates countywide whose statements were edited for the Nov. 8 election. At least one candidate's statement is changed probably every election, she said.

Charles F. Bostwick, [phone]

chuck.bostwick(at)dailynews.com