Posted on 04/26/2005 7:26:18 PM PDT by NormsRevenge
Remember the bubbles?
The legal challenge to a ruling upholding Mayor Dick Murphy's election is still pending in a state appeals court, and the mayor's resignation yesterday will not stop the appeal, the attorney for the challengers said yesterday.
"The suit goes on," said Fredric Woocher, an elections law specialist representing three supporters of Councilwoman Donna Frye. They contend she lost her write-in campaign to unseat Murphy because ballots that should have been counted were not.
The challenge focused on 5,551 ballots on which Frye's name was written in but a corresponding oval bubble next to it was not shaded in. State law requires the bubble to be filled. The challengers said the ballots should count because the intent of voters was clear.
A Superior Court judge in February sided with Murphy, ruling the ballots could not count, and certified the mayor as the winner.
That decision is before the 4th District Court of Appeal. Frye lost by 2,108 votes, meaning any ruling that orders the ballots be counted would make her the winner.
And that, Woocher said, would wipe out any reason to hold a special election in November, as Murphy called for yesterday.
"If the court determines we are correct and those votes should be counted . . . that would mean she is mayor. And cancel the special election," he said.
Bob Ottilie, the attorney for Murphy, agreed with that scenario, but said the appeal should be dropped for the good of the city.
The possibility that a court could declare Frye the winner clouds the upcoming election, Ottilie said. "It's creating more confusion and uncertainty that we had before," he said.
No court dates have been set for the appeal. In fact, a transcript of the three-day trial has not been completed, the lawyers said.
After the transcript is done, it would be a minium of two months before the first set of briefs were filed, and several more months before the court scheduled hearings on them.
Woocher said yesterday he might ask the court to expedite the process in light of Murphy's resignation.
Bruce Henderson, who represented two voters challenging Murphy's win and whose case was combined with Woocher's, said Murphy's announcement means the appeal should be decided quickly.
Woocher also urged the City Council – which has the power to decide whether the mayor's office will be filled via a special election or an appointment – to install Frye.
"Everyone would be a lot better off if they let the person who actually won the most votes at the last mayoral election be mayor," he said.
Ottilie said Murphy will continue to defend the appeal of his victory. "He has raised funds to do it," Ottilie said. "And it's an important legal issue and important to defend."
Too many recreational drugs in the 70s.
Oh , she also worships the enviornment.
A certified nutcase
Even with the disputed votes, she had nothing more than a razor thin plurality in a 3-way race. There should be a special election.
Well, as Fidel Castro always says.. 'One can never have too many elections.'
This would make a 3rd election for Mayor counting the original and runoff races.
I hope they keep the bubbles, it sure spiced up this whole tawdry affair a bit. If the courts ain't involved, it ain't a real race these days, it seems.
OMG - some women should gracefully retire from public view.
I don't know where you live or just how much you followed the previous mayorial election. I live just outside SD in Lakeside ( I that mean any thing to you ) This last election was worse than watching Florida 2000 all over again.I remember watching an interview of Frye, she was going on extolling her supporters that the write in ballot must be filled out correctly. She said if you don't fill out the ballot correctly it won't count. On television she told her supporters that you must fill in "the bubble" and write in her name for the vote to count" those are the rules ". After the vote her position was to heck with the rules, count all the ballots wether they were filled out correctly or not.
Typical Lib!!!!!
I that mean = If that means
Wow ! Is that Granny Clampet.???
How did she get to San Diego.?
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