AP: Judge Begins Hearing San Diego Mayor Case

[mountebank]

Monday January 31, 2005 10:31 PM

By MICHELLE MORGANTE

Associated Press Writer

SAN DIEGO (AP) - Voters who backed a write-in candidate for mayor in the November election were wrongly disenfranchised by arbitrary rules that disqualified their ballots, lawyers argued Monday in a trial of lawsuits seeking to overturn the victory of Mayor Dick Murphy.

City Councilwoman Donna Frye's name was written on 5,551 ballots, but they were not counted because voters did not also fill in a corresponding ``bubble'' for optical scan vote-counting machines.

The ballots would be enough to overcome Murphy's 2,108-vote margin of victory, but election officials said state law mandates that the bubble be darkened.

http://www.guardian.co.uk/uslatest/story/0,1282,-4769294,00.html

One would think this is a clear example where courts will defer to voter intent. I said: One would THINK.....

[cascadiance]

1. A longer rendition of Michelle Morgante's article...

is here on Signonsandiego.com...

http://www.signonsandiego.com/news/metro/20050131-1648-ca-sandiegomayor.html

[Maat]

2. I'm sorry.

The intent of the voter is clear. I live just north of there. If I have to listen to one more Rethuglican talking about how the bubble wasn't filled - so, she shouldn't be in.

The fact is Donna committed the cardinal sin of truly caring about the community, instead of making the Spanos' family's needs a priority. And I say that as a (hypocritical?) seasonticketholder. I don't think that she is hostile to the idea of a new stadium (which the Spanos' are insisting upon); she just wants to make sure that the city gets a fair shake.

And, by the way, Alex Spanos, owner of the San Diego Chargers, is a big Bush donor, and donates to the "527," Progress for America, along with the Religious Right Waltons (of WalMart fame).

If I could give up my Charger tickets, I might consider it - but I'm such a professional football maniac. I'm kind of like one of the DUers here who is a member of a fundamentalist or traditionalist church, and can't give it up. I rationalize it by imagining my part going from the Team to the City of San Diego, paying rent to the City, who went Kerry.

[cascadiance]

3. Donna at this point is actually perhaps more focused ...

on getting the community to come in participate in the City Council Meeting tomorrow morning at 10:00 AM to discuss moving away from closed session meetings to more open meetings, which she's been championing. With all of the problems that the city of San Diego is facing now, this sort of effort is just as critical as trying to get her in as mayor. I applaud her for keeping her priorities going and working hard in the city council and not get "sidetracked" by this lawsuit. Really too bad we couldn't have her in as mayor right now to start getting things fixed more profoundly.

Here's the text of the email she just sent out to her supporters for those who aren't on her mailing list.

Mods, if this is posted someplace, I'll try and take it down and replace it with a link. Just wasn't sure how to relay this information otherwise.

-------------------------------------------------------------------
Subject: Open Government in S.D. - We need your support


Aloha and Happy New Year to my incredible supporters!!

WE ARE MOVING CLOSER TO ESTABLISHING A MORE OPEN GOVERNMENT IN SAN DIEGO!
PLEASE JOIN US, TUESDAY, FEBRUARY 1, AT CITY HALL AND LET YOUR VOICE BE HEARD BY SUPPORTING ITEM NUMBER 334.

Last year, we were able to reform the closed session practices of the San Diego City Council through the Right to Know (RTK) Committee that I chaired. The RTK final report is now being brought forward to the City Council for a hearing.

The City Council will be meeting at 10 a.m. this Tuesday, February 1, to vote on changing its permanent rules on closed session meetings. We encourage all members of the public to participate in this important vote.

We need your support for the following actions:

1. Support all recommendations in the Right To Know Committee Final Report with a special emphasis on the importance of part IV: Transcription of Closed Sessions

*Please click on the link below to read the Right To Know Committee's Final Report and Recommendations. Then click on "Final Right to Know Committee Report" http://genesis.sannet.gov/infospc/templates/cd6/right_to_know_committee.jsp

THERE ARE MANY WAYS FOR YOU TO PARTICIPATE:

• Attend the City Council meeting on Tuesday at 10 a.m. and speak at the meeting. The City Council meets at 202 C St. on the 12th floor. Fill out a speaker slip which is available at the meeting. Each speaker has three minutes to provide public testimony.
• If you would like to attend the meeting as a show of public support, but do not wish to speak, you may fill out a speaker slip that is provided at the meeting. Simply check the appropriate box indicating that you do not wish to speak, but are supportive of the Final Recommendations of the Right To Know Committee.
• If you cannot attend the meeting, please send an e-mail or fax, or place a phone call to the Mayor and City Councilmembers. All contact information is provided below for your convenience. Please include in your email, fax or phone call a reference to the item number, 334.
• Please share this e-mail with your family and friends and ask for their support.

By working together, we can help ensure that closed meetings are the exception, not the rule. Thank you for your help and support.

--- City Official Contact List ---
Mayor Dick Murphy
Phone: [phone]
Fax: [phone]
Email: [e-mail]

District 1
Councilmember Scott Peters
Phone: [phone]
Fax: [phone]
Email: [e-mail]

District 2
Councilmember Michael Zucchet
Phone: [phone]
Fax: [phone]
Email: [e-mail]

District 3
Councilmember Toni Atkins
Phone: [phone]
Fax: [phone]
Email: [e-mail]

District 4
Councilmember Anthony Young
Phone: [phone]
Fax: [phone]
Email: [e-mail]

District 5
Councilmember Brian Maienschein
Phone: [phone]
Fax: [phone]
Email: [e-mail]

District 6
Councilmember Donna Frye
Phone: [phone]
Fax: [phone]
Email: [e-mail]

District 7
Councilmember Jim Madaffer
Phone: [phone]
Fax: [phone]
Email: [e-mail]

District 8
Councilmember Ralph Inzunza
Phone: [phone]
Fax: [phone]
Email: [e-mail]

[mountebank]

4. Listen to the lawyers!

This is a different story from the L.A. Times this morning. Sounds to me like each of the lawyers is arguing the other's case!

"People do weird things…. You get a lot of oddities…. Not everyone is able to or has the time to follow the instructions," said Fredric Woocher, an attorney for Frye's supporters who filed the lawsuit.

Murphy's attorney, Bob Ottilie, said that although the intent of those voters was clear, they had not followed the state requirement that the bubble be filled in next to a write-in candidate's name.

http://www.latimes.com/news/local/state/la-me-vote1feb01,1,4073704.story?coll=la-news-state&ctrack=2&cset=true

(If you need registration to L.A. Times online, go to www.bugmenot.com)

What an awful argument by Frye's attorney. Not everyone has time to follow instructions? And Murphy's attorney: "Sure, Frye should have been elected, but it doesn't matter."