Politics is a battlefield with disputes winding up in court before voters ever see a ballot. That’s what happened in the case of Fullerton Mayor Fred Jung, who is running in a crowded field for District 4 Orange County Supervisor. Jan Flory, a retired attorney and former Fullerton Mayor and councilmember, took a look at Jung’s ballot statement and noticed some things that didn’t add up. She decided to challenge Jung’s ballot statement and designation legally.
The case was heard on March 26, 2026. Judge Kimberly Knill reviewed the evidence and issued a clear, concise tentative ruling. Fullerton Mayor Fred Jung’s ballot designation as a “Business Owner” was false according to the evidence presented, and elements of his ballot statements were misleading.
Jung’s assertion that as Mayor, he “turned around a $9 million deficit into a balanced budget,” is misleading to voters, concluded Judge Knill. State law requires cities to adopt balanced budgets and those spending plans can include deficit spending. Jung’s attorney, Chad Morgan, argued that the Fullerton city manager found the claim factual. “I conclude that the city manager’s conclusion was not supported by the evidence in the budget,” said Judge Krill. “I don’t need an expert to see that there’s a deficit.”
The judge also ruled another of Jung’s assertions – that he “built 9 new parks,” – was misleading when in fact, no new parks have been opened in Fullerton since he was first elected to the city council in 2020. “It’s curious to me that your client didn’t outline the 9 parks that have been rejuvenated,” said Judge Knill.
After hearing from the attorneys, the judge finalized her ruling on March 27, approving new statement language that removed misleading content. She upheld her determination that Jung’s designation as a “business owner” was false and accepted “businessman” as an alternative. These corrections were noted by a deputy counsel from the OC Registrar who participated in the proceedings.
“I am pleased the Court understood the crux of the matter,” said Plaintiff Jan Flory. “Judge Knill’s ruling supports the principle that voters deserve honest, candid, and truthful descriptions of the candidates they are choosing on election day.”
Attorney Brett Murdock represented Flory, while the Orange County Registrar was listed as a respondent due to its role in distributing ballot statements to county voters. The Registrar’s mission statement is: “To provide election services for the citizens of Orange County to ensure equal access to the election process, protect the integrity of votes, and maintain a transparent, accurate, and fair process.”
Ballot statements are subject to a strict publication timeline as prescribed by state law. The deadline was March 27 at 5 pm on the same day as the court ruling. Judge Knill’s decision will influence the final content of Jung’s ballot statement and designation ahead of the upcoming election, regardless of whether Jung appeals or not.
2026.03.16 Petition for Writ of Mandate CONFORMED
Like this:
Like Loading…
Related
Discover more from Fullerton Observer
Subscribe to get the latest posts sent to your email.
Categories: Election, Elections, Local Government, Local News