http://www.ludingtondailynews.com/apnews.php?type=GENERAL+NEWS&story=p0754+BC-SanDiegoMayor+02-02+03AP News: General News
Judge upholds re-election of San Diego mayor
By MICHELLE MORGANTE
Associated Press Writer
SAN DIEGO (AP) - A state judge on Wednesday upheld the re-election of Mayor Dick Murphy, rejecting arguments that election officials improperly excluded thousands of write-in ballots for his closest challenger.
Superior Court Judge Michael Brenner heard arguments by supporters of Donna Frye, a maverick city councilwoman, that the San Diego County registrar of voters should have counted 5,551 ballots, which could have tipped the election. Murphy won by 2,108 votes.
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Murphy's lawyer argued that in rejecting those ballots, the county registrar simply followed state law. In two legal challenges, lawyers representing Frye supporters argued that city law should have taken precedent.
Attorney Fred Woocher said he likely will appeal: 'It was our expectation ... that this will not end at the trial court.'
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