A Collaboration with the University of Pittsburgh

Judge to decide outcome of San Diego mayoral race

[JURIST] The outcome of a pending lawsuit may decide the San Diego mayoral election. Incumbent Dick Murphy finished with 2,205 more votes than Councilwoman Donna Frye, according to the San Diego Registrar of Voters. However, the League of Women Voters has brought an action contending that thousands of voters wrote in Frye's name, but failed to fill in the optical-scan bubble, and that those votes should be counted. Although the registrar claims state law prohibits counting such votes, a judge may order the registar to count them, which could give the election to Frye. Last week John Einhorn, the presiding judge of San Diego Superior Court recused all 124 judges from hearing the suit. A retired judge from Imperial County was appointed to hear the case, but lawyers for Murphy filed a peremptory challenge to remove him from the case. Einhorn will now have to petition the California Judicial Council to appoint another judge. The Mercury News has more. The Union-Tribune writes that no matter the outcome, Frye's surprising write-in candidacy has important political ramifications for the city and nation.

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.