Judge asked to order new election for San Diego mayor

AP ^ | 11/30/4 | ELLIOT SPAGAT

[reaganaut]

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

Oh Dear, does this mean our 'honorable' city council (the one with 3 indicted members) is in charge?

[arasina]

Whoa! Looks ridden hard and put away wet...and I don't mean her surfboard.

[newzjunkey]

Federal Judge RULES AGAINST PLAINTIFF... details coming...

[newzjunkey]

The only "success" has been the 4th Circuit Court's decision to prevent the certification with a hearing likely to come on Friday.

Seems the Fed bought into some concept that Constitutional voting rights can be lost by waiting until an election has actually happened (but before certification). Bizarre!

[newzjunkey]

Yup. Until a "new" election can take place which means a new primary too.

[reaganaut]

Now THAT's scary. I can throw the ENTIRE city council farther than I trust them.

[newzjunkey]

They can't be trusted.

[newzjunkey]

I may have been in error. Roger Hedgecock told a caller that the current mayor would stay until the issue is resolved. I'll look into this since there's conflicting info.

[reaganaut]

thanks. I'm no fan of murphy's but I'd rather have him than psycho surfer chick. And almost anything is better that the city council.

[newzjunkey]

All elective officers of the City shall be nominated at the municipal primary election. In the event one candidate receives the majority of votes cast for all candidates for nomination to a particular elective office, the candidate so receiving such majority of votes shall be deemed to be and declared by the Council to be elected to such office. In the event no candidate receives a majority of votes cast as aforesaid (in the primary), the two candidates receiving the highest number of votes for a particular elective office at said primary shall be the candidates, and only candidates, for such office ... (from Article 2, Section 10)

This language in the CHARTER clearly states there are only TWO candidates allowed in the run-off. The City Clerk told Fry she was ok to run and the legality and compliance with the charter fell apart from there.

[newzjunkey]

Yes, Donna's got a screw loose at least in her public persona. It's hard to know if that goofy laugh is just a put-on or really indicative of her competence.

In the event of a vacancy occurring in the office of the Mayor, existing by reason of any cause, the Council shall have authority to fill such vacancy, provided, however, that if the Council shall fail to fill such vacancy by appointment within thirty (30) days after the vacancy, the Council must immediately cause an election to be held to fill such vacancy. Any person appointed to fill such vacancy, shall hold office only until the next regular municipal election, at which date a person shall be elected to serve for the remainder of such unexpired term. (Article 4, Section 24: The Mayor)

This is the passage of the Charter that I thought applied if the election mess isn't settled by Sunday (when Murphy's term ends). I guess it's possible Murphy could be appointed by vote of the Council until a 2006? (2008?, elsewhere it says mayoral elections occur in presidential election years specifically) primary election? That means Murphy could run again and end up as Mayor for as much as 6 years:

... no person shall serve more than two (2) consecutive four-year terms as Mayor. If for any reason a person serves a partial term as Mayor in excess of two (2) years, that partial term shall be considered a full term for purposes of this term limit provision.

[reaganaut]

This thing is so screwy. thanks for the info.

[CyberAnt]

{{{{ ping }}}}

I'm home from Tucson and just saw this.

[onyx]

Good to "see" you.
I read the front page today...
but do not know the outcome of
today's various court hearings.

It looks to me like Murphy is the voctor.
I hope so.

BTW, that Adelhour (spell) looks evil to me. I think your guy (Roberts) has him pegged perfectly... a definite conflict of interest.

[CyberAnt]

I don't know the outcome either. Roger will be subing for Rush Thursday and Friday - hopefully we'll get an update then.

[onyx]

Thanks for that info.
I'll TRY to remember to listen.
Heck, I might even watch the 11PM news.

I can already tell I'm not going to have a good night's sleep.

[onyx]

I was right earlier... another sleepless night for me

I watched all three 11:00PM news casts.
Know what?
I cannot begin to explain today's court actions.

I garnered that the election will not (cannot?)be certified until after another court hearing on Friday
in Orange County.

The HAG won't concede, Murphy can't claim victory,
and Roberts has been shut out of the mess, and there
will not be a run-off. We can be thankful for that much.

[cherry]

let's see now...we have this mess with the three canidates in SanDiego, going to the courts, we have the Ohio mess with the Rats going to the courts, we have a "tie" ha - ha in Washington with a 3rd recount anticipated after several court rulings, and we had the idiots in Nevada trying to cancel out the 5 GOP electors from voting for Bush.....

there's a theme here, isn't there?

[onyx]

Yep, sure is and isn't New Mexico now in on the festivities in some way?

Damn democrats.