Posted on 11/17/2004 9:31:32 PM PST by ambrose
Frye's Mayoral Hopes Begin To Fade New Lawsuit Expected In Disputed Mayoral Vote Count POSTED: 7:41 PM PST November 15, 2004 UPDATED: 1:55 PM PST November 17, 2004
SAN DIEGO -- A third lawsuit is expected to be filed later today in the still-undecided San Diego mayoral election, NBC 7/39 reported.
The new suit will be filed by the League of Women Voters and will focus on write-in ballots that have Councilwoman Donna Frye's name written in but don't have the oval next to it filled in, according to NBC 7/39. Election officials say those votes are invalid, but the League's suit will argue that the votes should be counted for Frye.
As of Wednesday morning, Murphy had 153,645 votes. Frye had 151,287 verified votes, although 154,531 write-in ballots had been tallied. Supervisor Ron Roberts trailed the two leaders with 138,478 votes.
"We don't know how many of the outstanding votes will be for Donna at this point," said Marco Gonzales, Donna Frye's attorney. "But we do know there are a substantial number of votes out there where people have written in her name and not filled in the bubble. And we think those votes should count."
Murphy has been gaining on the write-in vote ever since election night, and many observers project that he will win when the remaining 29,000 provisional votes have been verified and tallied. But it could come down to a legal fight over the disputed ballots.
"We need to follow the election law in the state of California," Murphy told NBC 7/39. "Whatever that law is, I'm happy to abide by it. The law appears to require filling in the bubble. But whatever the law is, we'll live with that."
Two lawsuits have already been filed to try to block Frye from becoming mayor. On Monday, a lawsuit to halt the vote count was rejected by a Superior Court judge on grounds that it should have been filed before the election.
Tuesday, a judge refused to nullify the election in another suit filed in federal court.
NBC doesn't deserve to be recognized as a news agency.
From reading the numbers, it appears 65% of the people don't want whoever wins. Doesn't the San Diego Charter require a 50% + 1 vote to win the election?
The past few comments from Murphy that I've read sound very non-chalant,
like he is very confident he will win or he doesn't care.
ahh, am I missing something here?
Why would you file to halt the vote count BEFORE an election?
sounds like gobbledy gook to me
Yeah it does, however they haven't decided if they will abide by it. There will probably be a lawsuit about that as well. Frye's a wacked out lib who, at the last moment, ran as a write in because the two contenders were both Republican. There really weren't any good options for mayor this election.
Yes I agree with you. Frye is a Liberal hippie surfer with no real job experience. I saw NBc11 interview her and i was really turned off by her. I'm glad i don't live in Sandieggo. I feel for you folks down there.
I'm in Santa ccruz which is not too much better.
Actually, San Diego is Bush country. Our repub registrations outdistance the dems by 5%. If the repubs would just come in from the beach and vote, we could win every election.
And .. according to CALIFORNIA STATE LAW - a CITY CHARTER has precedence. Which means - FRYE HAD NO RIGHT TO ENTER THE RACE AS A WRITE-IN. Somewhere, there has to be a judge who will uphold the law.
I agree that Frye should not have been able to run, but I am afraid that a judge will consider a "constructive amendment" like the judge did the other day about her ability to run at all.
But .. the newest lawsuit presumes to REWRITE THE ELECTION LAWS in the middle of an election.
What they want to do is count the votes even if the person did not follow the rules and fill in the circle before Frye's name. If that is allowed .. WE'RE TALKING MAJOR ELECTION FRAUD.
This is no different than what they tried in FL in 2000. The USSC has already ruled that elections laws cannot be changed in the middle of the election.
Right.
That would be MAJOR election fraud.
She's reaching.
Murphy will win.
I hope Murphy will win, I'm no fan of his, but he's better than Flakey Frye.
Roger was having a cow about it.
The League of Women Voters are the ones bringing the suit, and Roger is livid that these people are so eager to abort the law when it favors their candidate.
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