State Senate candidate threatens to sue after being left off June ballot

MERCED, Calif. (KFSN) -- 12th District State Senate candidate, Dennis Brazil, claimed mistakes made by the Merced County election's office cost him his name on the June ballot.

Brazil is now a write-in candidate because he said he was given the wrong paperwork.

"From the county elections office to the Secretary of State's office, all of them gave them poor information to continue missing the deadline," Brazil said.

The former Gustine mayor is now considering legal action against the Merced County elections office and the Secretary of State. Brazil says it started in January when he went to pick up the necessary paperwork. He came back on the last day to turn in the finished forms in March. He said an employee then told him because of a recent change in the laws, he had missed the deadline to turn them in the paperwork.

"It was a mistake. It was clearly a mistake to give Dennis the 'in lieu' paperwork, because the 'nomination' paperwork was the correct paperwork. They didn't let Dennis know that," Brazil's Attorney Al Whitehurst said.

Brazil turned to Senator Anthony Cannella for help, and said his case went up to the Secretary of State, Alex Padilla.

"Alex Padilla told Senator Cannella to tell me just to sue the state. That was the answer," Brazil said.

Senator Canella said he did reach out to Padilla, but that Brazil's claim about suing the state isn't true.

"I said, look your only recourse may be through the courts. Mr. Padilla never told him to sue the state. I don't know if he misunderstood, but he certainly did not say that," 12th District State Senator Anthony Cannella said.

Merced County Assessor Barbara Levey said the correct documents that Brazil needed weren't available until February. She said he failed to reach out to her office until it was too late.

"I questioned him didn't you look at this document. He admitted that he did not read any of the information we gave to him. I said I'm sorry but we can't help you with that. He admitted he didn't read any of it," Levey said.

Brazil said he's spent more than $50,000 on his campaign.

The primary election is on June 5th.