Judge asked to order new election for San Diego mayor

AP ^ | 11/30/4 | ELLIOT SPAGAT

[SmithL]

SAN DIEGO -- A lawyer seeking a new mayoral election for San Diego told a federal judge Tuesday that the city violated its own charter by allowing a write-in candidate to run for mayor and a new vote should be held between the top two finishers in the primary.

Blair Krueger argued that the city clerk never should have permitted voters on Nov. 2 to write Councilwoman Donna Frye's name on a blank line below the two men who finished first and second in the March primary -- incumbent Dick Murphy and San Diego County Supervisor Ron Roberts.

"There's a deep constitutional violation here," Krueger told U.S. District Judge Irma E. Gonzalez, who was expected to rule later Tuesday.

The question may determine the outcome of the election, in which Murphy won 34.5 percent of the vote, Frye 34 percent, and Roberts 31 percent. The county registrar was expected to certify the results later Tuesday, just six days before the mayoral inauguration.

At issue is a provision of the city charter that says the general election should be a runoff of the top two finishers in the primary if no one wins a majority. Plaintiffs say the charter trumps the city's municipal code, which allows write-ins.

Two of the three voters who sued City Clerk Chuck Abdelnour supported Roberts, said Krueger, who was unsure about the other's allegiance. Roberts, who was making his third try for the job, has criticized Abdelnour but stopped short of joining the lawsuit or asking for a new election.

Frye, 52, has been uncharacteristically quiet during the last few days as she weighs her next move.

[verifythentrust]

I guess it would have been too much to ask for an injunction BEFORE the election.

[cmsgop]

Is this about that Ugly Surfer Chick?

[reaganaut]

yep. Frye is a psycho lib surfer chick who only got into the race because the two candidates were both republican. She kept saying she didn't want to run, but she was talked into it by 'the people'. Gag. I am so sick of this thing.

[WildTurkey]

This is the first I have heard about the charter.

[reaganaut]

UPDATE: The judge just ruled that the results are NOT to be certified.

[cmsgop]

I went to school in SD. I understand.......

[newzjunkey]

[cmsgop]

"Bitter Beer Face" !!!!!!!!!!!

[newzjunkey]

That was the 4th district's ruling earlier this afternoon in another mayoral election case. There may be a hearing on Friday by the Santa Ana district court of appeal.

A Federal Judge's ruling is still pending and due during the 4pm Pacific hour.

[Lurking Libertarian]

U.S. District Judge Irma E. Gonzalez

Before anyone asks, appointed by G.H.W. Bush.

[Mark was here]

The city is a creation of the State under State laws, and if the city goes broke the State is the "cosigner" and liable for the debts. The city can only operate under rules granted by the State.

Why is this not a matter for the State court?

I do not see a Federal case here, there is no question concerning a Federal office.

[newzjunkey]

600AM KOGO

Roger Hedgecock's show will cover this live.

[newzjunkey]

Chuck Abdelnour is an incompetent boob!

[reaganaut]

sorry. there have been so many cases and judges I got them mixed up. I thought this ruling was related. Of course, it still means the results can't be certified and we are STILL without a mayor.

[newzjunkey]

The federal case is a stretch in my mind.

The theory is that federal voting rights were violated by the City Clerk ignoring the City Charter and allowing an addition candidate, a write in, to run in a two person run-off election. The idea being those who voted for one of the legal run-off candidates who survived the primary have had their rights diluted or otherwise trashed.

[newzjunkey]

That's right. No mayor if this isn't settled by Sunday I think. Then the office is vacant.

[ssaftler]

Ugh! Looks like she took a little too much salt spray to the face!!!

[ken21]

san diego is a strange place.

forget the beaches, forget the palm trees, etc.

the politics is very insular.