A state appellate court has turned back Santa Clara Superior Court Judge Aaron Persky’s bid to derail a June 5 election aimed at unseating him.

The Sixth District Court of Appeal on Monday found that the group collecting signatures petitioning for the recall vote were correct to submit them for review with the local county registrar’s office. Persky’s lawyers at McManis Faulkner had contended that as a trial judge, he is considered a “state officer” under the California Constitution, and therefore any petition to recall him should go through the Secretary of State’s Office.

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