California Supreme Court rejects appeal in San Diego mayoral race

AP ^ | 1/12/5

[SmithL]

SAN DIEGO -- The state Supreme Court on Wednesday refused to consider whether the city of San Diego violated its charter by allowing a write-in candidate to run for mayor, ending one of several lawsuits challenging the November election.

The lawsuit, filed by an attorney who supported third-place finisher Ron Roberts, had sought to nullify the election and force a runoff between Roberts and Mayor Dick Murphy, who won the election and began a second term Dec. 8.

Thomas McKinney, a lawyer who works in the office of Roberts supporter John Howard, argued that San Diego should have rejected Councilwoman Donna Frye's write-in bid because the city charter limits the general election to the top two finishers in the primary.

The high court denied his claim, saying he waited too long by filing the lawsuit six days after the election.

[newzjunkey]

Take notice of this, folks. It is now LEGAL for illegal elections to take place!

[SmithL]

Maybe, maybe not:

There are two lawsuits remaining which challenge the county registrar's decision to exclude more than 5,000 ballots on which voters wrote Frye's name but did not fill in the corresponding bubble.

The court still gets to rule on Frye.