Judge Rules In Disputed Mayoral Race
POSTED: 4:47 pm PST February 2,
2005
UPDATED: 10:05 pm PST February 2,
2005
SAN DIEGO -- A judge threw out two legal challenges Wednesday to San Diego's mayoral election in which Dick Murphy was reelected, ruling that state election law prevailed over city law.Orange County Superior Court Judge H. Michael Brenner, (pictured, left), ruled that San Diego County Registrar of Voters Sally McPherson acted properly when she refused -- under state law -- to count 5,551 votes for write-in candidate Donna Frye because a required "bubble" was not filled in.
If counted, the disputed ballots would have made Frye the mayor by more than 3,000 votes."Those people did not vote," Brenner said. "To vote a ballot you have to fill in the oval."Brenner was asked to preside over the trial of two lawsuits challenging the election because Murphy is a former San Diego Superior Court judge.Brenner ruled that the San Diego City Council voted last July 26 to give the registrar of voters the power to conduct a consolidated election. " "They do have control over their election process," the judge said.Attorneys Fred Woocher and Bruce Henderson argued in their challenges -- brought on behalf of five San Diego voters -- that city law should have applied in the case.San Diego's municipal code states that every write-in vote should be counted.Woocher said he might appeal Brenner's decision to the 4th District Court of Appeal in San Diego.Murphy said he was pleased with the court's decision and called for an end to the legal challenges surrounding the mayor's race."I hope we can focus on solving the problems of the city," Murphy said. "I would ask the plaintiffs in these two cases to accept the defeat gracefully and let's move on."Frye questioned the impact the decision would have on voters."The lawsuits aren't about whether I am going to be the mayor of Dick Murphy is going to be the mayor," Frye said. "That is the outcome. The lawsuits were about whether or not when people went to the polls and voted, did their vote count, and essentially they were told no."Frye said that if Woocher or Henderson decided to appeal the case on behalf of voters, that she would support their efforts.She described her feelings regarding Brenner's ruling as "amazement" and "great disappointment."Murphy's attorney, Bob Ottilie, told reporters that the ruling was expected and called the judge's decision a "ringing endorsement for the registrar of voters."McPherson testified during the three-day trial that she followed state law and approved procedures from the Secretary of State's Office in running the consolidated statewide election.Ottilie said Frye ran a great write-in campaign but "the law is the law."The attorney said the integrity of California's election statutes -- which he called the best in the country -- need to be maintained. He said he has never litigated a statute that was so clear."This litigation has brought a lot of division to the community," Ottilie said.City Councilman Jim Madaffer issued a statement, calling for Frye to urge a "cease fire" for all legal challenges."Our city if facing incredible issues right now and a severe credibility problem," Madaffer said. "Donna should denounce any further litigation for the good of the city."
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