SAN JOSE — A fringe candidate who ran for Santa Clara County sheriff two years ago has been convicted of perjury for signing a sworn declaration falsely stating she had mandated law-enforcement experience and credentials to hold the office then later defended herself by calling the requirement unconstitutional.
Anh Colton, 51, of Cupertino, was convicted of felony perjury Wednesday after a one-day jury trial and was sentenced to jail time she had already served, which officially amounted to 134 days, according to authorities and court records.
Colton was charged by the Santa Clara County District Attorney’s Office in June 2022 after she garnered 4% of the vote from a five-way race in that month’s primary election. Kevin Jensen and eventual victor Bob Jonsen moved on to that year’s November runoff with double-digit margins over the rest of the field.
District Attorney Jeff Rosen said that while Colton’s presence on the ballot did not sway the outcome, it might not always be that way in other races.
“Certifying falsely under penalty of perjury is a serious matter, and in an election case such as this one could prevent a legitimate candidate from making the runoff or even winning outright,” Rosen said in a statement.
Colton, who represented herself in the perjury case, did not immediately respond to a request for comment Thursday. After she was charged two years ago, she belatedly responded to a reporter’s request for comment by sending a video link to an interview she did with a right-wing website in which she suggested she was being persecuted for her political beliefs and said “God’s truth will prevail.”
In an interview with this news organization in March 2022 after she declared her candidacy — which was a catalyst for the eventual criminal charge — Colton acknowledged her lack of law-enforcement credentials by saying, “Yes I’m aware, I’m stepping out in faith.”
But in an example of the rigid limits of the electoral process, Colton remained on the ballot, because there was no readily available way of removing her. After this news organization first reported on doubts about Colton’s eligibility in April 2022, the county registrar’s office said it “relies upon the candidate’s signed declaration and sworn statement for county sheriff candidates, both signed under penalty of perjury, that they meet the qualifications to hold the office,” and that it falls solely on the candidate to corroborate their eligibility.
The registrar’s office also said it had no unilateral authority to take Colton off the ballot, and that she could be removed only by court order, which would have required someone — such as one of the other four active candidates — to sue over the matter. But no such lawsuit ever came.
That meant a perjury charge was one of the only tangible deterrents against a false candidate declaration. At the time the charge was filed, the district attorney’s office contended that when one of its investigators contacted Colton about having law-enforcement experience, a campaign adviser told the investigator “to stay away from Colton and she did not have to” answer his questions.
This is a developing story. Check back for updates.