A preliminary hearing in the case against a former Arroyo Grande mayoral candidate charged with election fraud is set for April.
Gaea Powell ran for Arroyo Grande mayor in the 2022 and 2024 elections and was charged last June with eight felonies and one misdemeanor, including voter registration fraud, filing a false declaration of candidacy, fraudulent voting, failure to file campaign finance reports and perjury by declaration
Currently representing herself, Powell has pleaded not guilty, telling KSBY, “I maintain unequivocally that I did not commit fraud or any other criminal offense.”
In court Wednesday, the judge ruled on multiple motions, including allowing search warrant affidavits to be unsealed and accessible by Powell.
A motion was also approved that will allow the San Luis Obispo County District Attorney’s Office to conduct a conditional examination, something the D.A.’s Office says in this case involves a witness who may be unable to attend trial.
The examination is done outside a traditional hearing but requires the presence of the judge, court reporter, prosecutor and defense attorney. Detailed direct and cross-examination is conducted and the recording presented as evidence, if needed, during trial.
Another request by Powell was denied by the judge, according to the D.A.’s Office, which objected to the motion for certain records, stating the request was overbroad and vague. The judge reportedly agreed.
Powell says she anticipated Wednesday’s outcomes and is fully prepared for the preliminary hearing.
She tells KSBY that after reviewing district attorney discovery and conducting her own independent review of the investigation, she is “confident the evidence will demonstrate these allegations are unfounded. If the Court determines the process should continue to trial, I am prepared to proceed and present the full factual record.”
The DA’s Office alleges that in July 2022, Powell registered to vote at an address in the City of Arroyo Grande where she did not live, thereby committing voter registration fraud. Instead, prosecutors say she lived in a rural part of the county outside of the city limits.
Also during the 2022 election cycle, she’s accused of falsely declaring under penalty of perjury the location of her residence, submitting false nomination papers, failing to file campaign finance reports as required by law, and voting on November 8, 2022, where she was not legally entitled to vote.
It's also alleged that Powell voted in the March 5 and November 5 elections in 2024, where she was not legally entitled to vote, falsely declared under penalty of perjury the location of her residence, and submitted false nomination papers.
KSBY News first learned of an investigation into Powell for voter fraud prior to the November 2024 election.
Dan Dow previously released a statement saying, "The integrity of our electoral system depends on all participants following the law, and my office will not tolerate attempts to undermine that integrity through fraudulent conduct... Ms. Powell's alleged actions over multiple election cycles represent a serious breach of the public trust, and these charges demonstrate our commitment to holding accountable anyone who attempts to manipulate our elections processes. We will always dutifully follow the evidence wherever it leads to ensure that the community can trust that there will be accountability without any political bias or motivation.”
Powell says she has filed a federal civil rights lawsuit against both County Clerk-Recorder Elaina Cano and the County of San Luis Obispo, claiming “constitutional violations.” She says she intends to pursue similar claims against others involved in the investigation.
“As this criminal case continues, the record regarding actions taken under color of law becomes clearer and more developed. My constitutional rights were violated during this investigation, and those violations will be addressed in federal court," Powell told KSBY, adding, “This case is about accountability and adherence to constitutional limits when public officials exercise extraordinary investigative authority. I will continue to pursue justice through every lawful avenue available.”
KSBY reached out to Cano on Thursday and was told, "Like anyone, Ms. Powell is entitled to engage with the legal system to address her concerns. I’m comfortable letting the process play out and won’t have further comment while there is active litigation."
Regarding the charges against Powell, Cano previously said, "Election security and integrity are of the utmost importance. My office will always support law enforcement efforts to ensure that any allegation of fraudulent activity is investigated and handled promptly and appropriately."
Powell has two pre-preliminary hearings set for March 2 and March 30 in San Luis Obispo County Superior Court and a preliminary hearing date of April 1.
She's also running in the June primary against Cano and candidate Vanessa Rozo in the race for San Luis Obispo County Clerk-Recorder.
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