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Politics

Invalid Ballots Would Have Elected Donna Frye

Tally Determines How Many Votes Frye Lost Because Of Invalid Casting

POSTED: 4:40 pm PST December 15, 2004

A complete review of disqualified ballots in San Diego's mayoral race showed Wednesday that write-in candidate Donna Frye had enough support to unseat incumbent Dick Murphy if those votes were counted.

The final tally showed that 5,547 voters wrote Frye's name but failed to darken the adjoining bubble. That would have easily been enough to overtake Murphy's 2,108-vote margin of victory.

Sally McPherson, San Diego County's registrar of voters, reaffirmed her position Wednesday that ballots with unfilled bubbles cannot be counted under state election law, setting the stage for another courtroom showdown over the Nov. 2 election.

"Law says that you got to fill in the oval. I don't think our position will change -- it will not change," McPherson said.

A Superior Court judge refused last month to order the registrar to count the empty-bubble write-in ballots.

Murphy was sworn into office last week.

The count of precinct-cast ballots was done by lawyers and volunteers representing the mayoral candidates and representatives of several news organizations, including 10News.

According to an exclusive 10News/Survey USA poll, nearly two-thirds of San Diegans think all the ballots with Frye's name written in but without the bubble filled in should be counted. Sixty percent said those votes should be counted while 37 percent said they should not. Three percent were not sure.

If those ballots aren't counted, 58 percent of San Diegans believe Frye should file a legal challenge while 38 percent think she should not. Four percent weren't sure.

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