Scott Markowitz, who's running for the Ward 4 seat, was arrested by Orange County District Attorney investigators and booked into the Santa Ana city jail. He was released Tuesday morning.
He's been charged with one felony count of perjury by declaration and one felony count of record of forged or false instrument.
According to the DA's office, in August, Markowitz signed candidate nomination paperwork under penalty of perjury that he was the circulator of the candidate paperwork and personally collected the 30 nomination signatures.
Anyone over 18 can circulate the nomination paperwork, but the person signing the paperwork must be the same person who witnessed the signatures in person.
Investigators said Markowitz attested under penalty of perjury that he personally witnessed the signatures, but numerous voters who signed Markowitz' nomination paperwork told investigators that Markowitz was not the circulator of the paperwork, and he did not witness them signing the nomination papers.
"American democracy relies on the absolute integrity of the electoral process," said Orange County District Attorney Todd Spitzer. "Voters must have total confidence that every election is being carried out in a fair and unbiased manner. Interference in the electoral process in any manner and at any stage jeopardizes the will of the people being carried out while eroding the trust of voters that their vote counts."
Ballots have already been printed with Markowitz' name listed as a candidate. The DA's office said due to his ineligibility, if Markowitz is elected, the city of Fullerton would be forced to hold a special election to elect a candidate eligible to be seated.
If convicted on all counts, he faces a maximum sentence of three years and eight months in state prison.