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Registrar Begins Official Recount Of Mayoral Ballots

Unofficial Tally Of Invalid Ballots Puts Frye Above Murphy

POSTED: 1:55 pm PST December 16, 2004
UPDATED: 2:28 pm PST December 16, 2004

An official recount of ballots cast in San Diego's mayoral race began Thursday after a review of disputed write-in ballots showed Donna Frye would have beat Mayor Dick Murphy if they had been counted.

The attorney for two women who voted for the councilwoman has asked the San Diego County Registrar of Voters for the recount of selected precincts, including disputed ballots cast in the Nov. 2 race.

An unofficial tally of disputed ballots ended Wednesday, showing 5,547 voters wrote Frye's name on the ballot but did not fill in the corresponding bubble next to her name. Frye would have beat Mayor Dick Murphy by about 3,400 votes if those ballots had been counted.

Registrar Sally McPherson said unfilled bubbles cannot be counted under state election law, setting the stage for another possible lawsuit over the mayor's race.

A challenge to the official election results, which declared Murphy the winner, must be filed within 30 days after the election was certified, which would be Jan. 7.

Frye said she would decide in the next few days whether to pursue a lawsuit.

John Howard, a business attorney who believes Frye's write-in candidacy was illegal under provisions in the City Charter, filed an appeal to order a new election between Murphy and county Supervisor Ron Roberts, excluding Frye.

The unofficial tally of the disputed ballots was requested by two Frye voters and several media organizations, including 10News.

Attorney Fred Woocher, who represents the two Frye supporters, said he asked McPherson to begin an official recount of selected precincts at 9 a.m. Thursday.

Those precincts are:
  • University of California San Diego
  • Casa de Manana retirement home in La Jolla
  • Torrey Pines Church of Christ in La Jolla
  • St. Andrew's Church in Pacific Beach
  • Faith Presbyterian Church near San Diego State University
  • Chollas Park
  • Nestor

Woocher also asked to review three batches of absentee ballots.

He said he will pay the $4,000 a day it will cost to complete the selected recount, which should be completed by day's end.

Woocher said the primary purpose of the official recount is to get McPherson to "change her mind" and count the disputed ballots -- something she has said won't happen.

"If we intend to try and change the election results through the Registrar of Voters office, we have to do the actual recounting," Woocher said.

He said a lawsuit is likely if the disputed ballots go uncounted.

"It's something that one way or the other is probably going to end up in court -- as many of these disputes do," Woocher said.

Murphy has called the disputed ballots "illegal," and says they should not be counted.

A Superior Court judge last month refused a request by the League of Women Voters of San Diego to count write-in votes without the accompanying oval filled in.


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