Editorial: The new Palm Beach? - Voters' obvious intent should count

On Election Day in San Diego, more citizens went to the polls to vote for Donna Frye for mayor than for incumbent Dick Murphy. Nonetheless, when all the votes a judge ruled could be counted were counted, it was Murphy who declared victory this week. That is a travesty. The "loser," Councilwoman Donna Frye, launched her write-in candidacy just five weeks before the election. Fueled by a pension scandal that still threatens to bankrupt California's second-largest city, Frye's campaign took off.

At first, Frye appeared to have won a stunning upset. But then, after a hand count of all the ballots, Murphy led by 2,205 votes. He led only because Judge Eric Helgesen ruled that some 4,000 ballots where voters had written in Frye's name but failed to darken the oval next to her name could not be counted. That's nonsensical.

Where voter intent is clear - and intent can't be more clear than when a voter writes in a candidate's name - that intent should be respected.Evidence presented in court showed that the instructions provided to absentee voters were ambiguous. At one place the instructions said "fill in the oval completely in dark ink ... next to the candidate of your choice." But further down it says, "If you wish to vote for a write-in candidate ... write the person's name on the lines provided for the applicable races." That instruction mentions nothing about ovals.

The League of Woman Voters, which sued to force officials to count all the votes, has declined to appeal. Frye has not decided what she will do.If the ruling stands, the public in San Diego and democracy lose.
http://www.sacbee.com/content/opinion/story/11571529p-12469521c.html

The judge's ruling, as I understand it, was based upon State law , which superceded local laws....That law clearly noted that the oval MUST be filled in in all cases. This is more a problem with ambiguous
ballots than any example of fraudulent elections.......

elections in some cases as you just did.

I will assume that the slur was unintended and the sloppy thinking a passing phase.

My similarity with the GOP:
1. same species
2. live under the same code of laws

My comment was the ruling of the judge in that case, his affiliation is unknown to me but he ruled on state statutes re: election laws, thus this is not an argument but a fact, a legal definition that is beyond refute. If you dont like it change the laws, but to cry wolf because I cite law, to smear me as a GOP agent because a ruling went against you and I dare note its legality is kind of silly.

Happy Holiday

in other cases. As far as state statutes regarding election laws, did not see any quoted by you. Read the article again, as a judge, yes he has the power to do what he did. If you can cite the law where he made his ruling then that would be ok. I don't believe in making slurs & would not like it if you did it to me. You have a right to your belief but I do as well and believe this ruling was clearly against the people.

I remember a quote when a person is shown to be wrong sometimes he gets angry. No intention to make you angry. Would prefer debates rather than your comments, believe that is more constructive.

Sorry if you took it as a slur & I had no idea you were a GOP Agent.

Thanks for the info.

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undermined by the folks with the power to make those laws easier on their own voters.

Also,
These anti-lawsuit CONservatives, here in San Diego, were sure quick to file a couple of suits when it looked as if Donna was going to win. Ultimate hypocrites!

San Diego and county(except the coastal region and inner city) are a right wing military camp. That is slowly shifting but by and large it is one big piece of shit politically.

What if the repub was the victim of uncheckd ovals. Would we staunch Dems give them the nod when we could have our candidate instead?

you, too, are now on the wrong side......welcome.

instructions that said " But further down it says, "If you wish to vote for a write-in candidate ... write the person's name on the lines provided for the applicable races." That instruction mentions nothing about ovals.

You are worried about the ovals.