Second lawsuit filed over San Diego write-in mayoral race

[Carolab]

4:29 p.m. November 12, 2004

SAN DIEGO – A second legal challenge to City Councilwoman Donna Frye's write-in bid for mayor was filed Friday in federal court.

The lawsuit was filed by a law firm on behalf of three San Diego voters who claim their constitutional rights were violated by last month's mayoral election because Frye ran as a write-in candidate.

The federal lawsuit claims Frye's write-in campaign diluted the votes cast for incumbent Mayor Dick Murphy and San Diego County Supervisor Ron Roberts. The lawsuit also contends Frye's entry into the race five weeks before the election nullified the votes cast in the primary for Murphy or Roberts.

The two men, both Republican in a nominally nonpartisan race, also faced each other in the 2000 race. Frye is a Democrat.

More than a week after the vote, the election has yet to be decided. As of Friday, there were 149,654 write-in votes, the vast majority of which were expected to be for Frye. Murphy had 147,289 votes, and Roberts had 133,301.

About 61,000 absentee provisional ballots have yet to be counted.

Another legal challenge to Frye's write-in bid was filed earlier this week in San Diego County Superior Court by an attorney who is a Roberts supporter.

At issue in both lawsuits is a provision of the City Charter that says the general election must be a runoff of the top two primary finishers. City Attorney Casey Gwinn says that while the charter does appear to prohibit write-ins, the municipal code explicitly allows them. The city has allowed write-in candidates for years.

http://www.signonsandiego.com/news/politics/cities/2004...

[nadinbrzezinski]

1. Pukes don't know how to loose huh?

Look folks she WON, live with it... damn Republicans, why can't they admit for once that they don't control EVERYTHING

[Matariki]

2. yeah, someone tell those republicans, it's time to MOVE ON ;-)

[LisaL]

4. It's never enough for them.

They want more, more and more.

[meow2u3]

3. Pukes think they're ENTITLED to rule

Narcissistic scum! They really believe God put them into this world to rule the earth--by hook or by crook--and destroy the opposition in the process.

[idiosyncratic]

5. Thanks for posting this. I hope Donna is allowed to take office

. . . just as I hope President Kerry will be allowed to take office.

[high density]

6. Wow, almost 150k write-in votes?

That's amazing.