Aguirre to issue opinion on write-in ballots
By: Wire Reports - | ∞
SAN DIEGO - City Attorney Michael Aguirre says he will issue an advisory opinion this week on whether 5,547 write-in ballots for Councilwoman Donna Frye should be counted in the mayor's race.
On his own initiative, Aguirre is writing the opinion about the San Diego mayoral race, in which Mayor Dick Murphy was certified as the winner. The opinion is expected to be released sometime this week, possibly as early as today.
Aguirre said he and two other attorneys in his office are issuing the opinion based on an analysis of state statutes, local ordinances and the city's contract with the county to conduct elections.
The disputed ballots are important because if Frye or her supporters can persuade the courts to order them to be included in the official tally, her vote total would exceed Murphy's.
Murphy defeated Frye by 2,108 votes. But a recount turned up 5,547 ballots for Frye that will be the basis of an expected legal challenge by Frye supporters.
The disputed ballots have Frye's name written in, but do not have a corresponding oval shaded in. Registrar of Voters Sally McPherson has refused to count them, saying election law requires the bubble to be shaded in.
Fred Woocher, a Santa Monica elections lawyer, said he would decide this week whether to sue on behalf of two Frye supporters. A partner in his law firm said a decision could be announced as early as today. CNS-12-27-2004 06:07
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