More anti-Frye lawsuits planned

By: North County Times wire services | Thursday, November 11, 2004 10:00 PM PST ∞

SAN DIEGO - Three more people plan a post-election challenge to the write-in candidacy of Councilwoman Donna Frye, who as counting continues still leads incumbent Dick Murphy and Supervisor Ron Roberts in the mayor's race.

The plaintiffs in the federal lawsuit allege a scheme to dilute votes that they contend should have gone to the top two vote-getters -- both Republicans -- from the primary election.

City Clerk Charles Abdelnour, County Registrar of Voters Sally McPherson and the city and county are named as defendants.

Plaintiffs Shan L. McDonald, Jerri Walters and Jennifer Cassidy contend that Frye, a Democrat, siphoned off votes that should have gone either to Murphy or Roberts.

The plaintiffs, who allege violations of the Constitution's First and 14th amendments, also contend Frye's write-in candidacy is invalid because the City Charter does not allow write-in candidates to run in a general election.

"By ignoring the Charter, the Defendants' conduct has resulted in party factionalism and inflicted chaos upon the City's electoral scheme," the lawsuit states.

"There is no legitimate state policy which can justify the Defendants' deliberate actions to breach the Charter," the suit states.

The plaintiffs, seeking declarative and injunctive relief, contend the City Charter -- which doesn't allow for write-in candidates in general elections -- trumps the city's Municipal Code, which does.

The lawsuit asks a judge either to nullify the general election and order a new election, or stop the certification of the election results and order a special election.

This is the second lawsuit filed this week against Frye's candidacy.

Business lawyer John Howard filed a state suit on Tuesday. Presiding Judge John Einhorn said yesterday a retired judge will hear that lawsuit.

All sitting Superior Court judges recused themselves from hearing the suit because Murphy was a judge for 15 years before becoming mayor.

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