SLO County woman accused of voter fraud says DA’s Office violated her civil rights
The former Arroyo Grande mayor candidate who has been charged with nine counts of election and voter fraud said the investigation has violated her civil rights.
“I feel like they have completely trampled over my civil rights,” Gaea Powell told The Tribune after her second court appearance on Monday, adding that the Public Integrity Unit of the San Luis Obispo County District Attorney’s Office in charge of her prosecution is “unconstitutional.”
She said she intends to file a civil rights lawsuit against the investigators for violating her constitutional rights by conducting prolonged investigations, issuing multiple search warrants and causing her psychological distress without formally arresting her. She also said her private papers and data were subpoenaed without sufficient probable cause.
Powell pleaded not guilty to the charges on July 15, saying at the time that the situation was a “politically motivated” attempt to keep her from running for office in the future as she posed a threat to the “anti-American woke agenda.”
The charges, filed by the SLO County District Attorney’s Office on June 24, include eight felonies and one misdemeanor.
Powell ran for mayor twice, in the most recent elections in 2022 and 2024. Five fraud counts are related to the 2022 election, and four are related to her most recent run last year.
In total, she was charged with three counts of fraudulently attempting to vote, two counts of perjury by declaration, two counts of falsely filing a declaration of candidacy and one count of voter registration violation — all felonies — along with one misdemeanor count of failing to send campaign finance reports exceeding $2,000.
She previously intended to represent herself but has since sought counsel.
During her pre-preliminary hearing on Tuesday, Powell asked for an expedited trial, but her attorney Andrew Jennings cited a “large amount” of discovery to go through before the next hearing.
Powell said she would like future hearings to happen as soon as possible, and “would rather it be like, tomorrow, if possible.”
Judge Timothy Covello said that would not be possible. He said Powell’s case was “time waived,” meaning she voluntarily gave up her right to a speedy trial. Powell said she only agreed to a time waiver for the scheduling of Monday’s pre-preliminary hearing.
“I am ready for the pre-trial hearing as the facts are the facts, and it is not that complicated — regardless of the DA’s posturing,” she told The Tribune after the hearing.
Her lawyer did not agree.
“She’s chomping at the bit to get this done,” Jennings said. “I’m hoping, as her counsel, that she gives me the time I need to prepare.”
But Powell said the nine-month investigation was “tormenting” her, and she felt that the DA’s Office should already have discovery done instead of making her delay her court dates as she waits for more.
She said she has been “completely cooperative” and complied with all search warrants filed in the case but at this point feels the investigation has been unnecessarily drawn out and was like “torture.”
“You’re psychologically harming me,” she told The Tribune of the DA Office’s investigation. She added that she saw the charges against her as “political pandering” by District Attorney Dan Dow to “act like he’s nonpartisan ... at my expense.”
She said the same thing of Michelle Morrow, the former SLO County supervisor candidate who was convicted of election fraud in April.
“He’s victimizing me,” she said.
Dow responded to Powell’s claims in a statement to The Tribune.
“I and my staff are committed to our mission, ‘to bring justice and safety to our community by aggressively and fairly prosecuting crime and protecting the rights of crime victims,’” Dow said. “In our search for the truth in every case, we follow the evidence wherever and to whomever it leads. We will respond to Ms. Powell’s allegations in the courtroom if she raises them there.”
Judge Covello set her next hearing for Sept. 15 at 8:30 a.m. in Department 5 of the San Luis Obispo Superior Court.
Candidate’s residency has come under question in election fraud investigation
A key part of the charges against Powell appear to be tied to where she resided during both the 2022 and 2024 election cycles.
At a Sept. 19 Arroyo Grande election forum, Powell said she rents at a pair of residences: a house on Heritage Lane outside of city limits and a condominium on James Way.
Arroyo Grande’s municipal elections code specifies that for the election of council members, “any candidate for City Council must reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued.”
It does not state the same rule specifically for mayoral elections, however.
When the allegations against her came to light in October, Powell told The Tribune she does not split her time between the residences and due to the health challenges of her elderly dogs and landlord on Heritage Lane, she had “been anchored to that property” and lived there full-time.
Powell told The Tribune that she first decided to rent the condo because she felt morally called to run for Arroyo Grande mayor. She said she planned to rent or purchase the entire condo on James Way if the timing worked out with her finances, dogs and landlord.
Powell said during her first mayoral campaign in 2022, she spent time at the condo but did not live there full-time.
She said the investigation has made finding a new apartment in the city limits and applying for consulting work difficult.
Powell previously told The Tribune the district attorney’s investigation “should alarm folks,” claiming those leading the investigation into her residency during the election were biased against her.
She said she cooperated with the investigation and has emails between her and the city that “proves I have done nothing illegal to the best of my knowledge.”
Powell reached out to Arroyo Grande legislative and information services director and city clerk Jessica Matson in July 2023.
She said she sought and received confirmation from the city on multiple occasions that there are no rules in the city’s Municipal Code requiring candidates with multiple residences to reside at their address inside the city limits for a certain amount of time in order to file candidacy papers and run for office.
“There are currently no residency restrictions related to time spent at one residence within the city limits versus at another outside city limits,” Matson told Powell in a July 2023 email exchange obtained by The Tribune.
Pursuant to section 201 of the California Elections Code, “a candidate does need to be a registered voter within the city limits,” Matson also wrote to Powell.
Based on this exchange, Powell maintains she did not commit a crime, but rather followed the local laws presented to her, which she sees as in conflict with state election codes that require candidates to live in the district of the office they intend to hold.
“Each time I entered the mayoral race of the City of Arroyo Grande, I followed the instructions and advice provided on the website of the election law experts, the State’s Fair Political Practices Commission as well as that of the local Arroyo Grande City election expert who is most familiar with the codes, rules and laws of the City of Arroyo Grande, Jessica Matson, AG Legislative Services and City Clerk,” Powell wrote in an Aug. 10 email to Judge Covello obtained by The Tribune. “At no time did anyone advise me to review the State of California Election Codes or the section Determination of Residence or Domicile.”
She added that Nick Coughlin, the DA’s Office investigator on her case, did not contact Matson during his investigation.
“If he had, probable cause to continue investigating me would have been eliminated,” she claimed.
On Monday, Powell pointed to two other recent cases of local election fraud convictions or complaints — those of Morrow and Hunter Breese, a Paso Robles school board candidate who was accused of election fraud for similar reasons as Powell. Breese was never formally charged.
Powell questioned whether this pattern was an issue with the candidates, or with the clarity of the laws that govern local elections.
“Are these all criminals, or is there a problem with communication?” she told The Tribune.
This story was originally published August 12, 2025 at 8:00 AM.
CORRECTION: This story has been updated to reflect the name of Gaea Powell’s attorney is Andrew Jennings.
