September 13, 2005

"Donna Frye" Bill Sent to the Governor

The Legislature has passed SB 1050. If enacted, that bill would allow votes for qualified write-in candidates to be counted even if the voter does not blacken the oval next to the line for write-in candidates. However, the election official would not be required to count such votes unless he or she determines that the number of votes cast for the write-in candidate counted by the voting system, combined with the total number of undervotes cast for that same office, is equal to or greater than the total number of votes cast for the candidate receiving the greatest number of votes for that office. In other words, election officials will be required to undertake the task of examining each individual ballot only if it is conceivable that the write-in candidate has a chance of prevailing in the race.

As explained in this Senate Analysis, SB 1050 stems from last year's San Diego Mayor's race:

"Donna Frye was a qualified write-in candidate for mayor in the city of San Diego at the November 2004 General Election. When the official canvass of election results was completed, it showed Frye finishing second to incumbent mayor Dick Murphy by 2,108 votes. A recount, requested by media organizations and Frye supporters, uncovered a total of 5,551 ballots in which voters wrote-in Frye's name on the ballot in the correct location but did not darken the oval next to the write-in space. Had those ballots been counted for Frye, she would have won the election by 3,443 votes. However, the registrar of voters in San Diego County refused to count those votes, citing state law that requires the oval to be filled-in, in order for a write-in vote to count."

Various lawsuits were filed as a result, including one on behalf of Donna Frye's supporters, arguing the 5,551 ballots in which voters wrote-in Frye's name, but didn't darken the oval next to the write-in space, should be counted. The trial court judge ruled against Frye's supporters but an appeal is currently pending. The decision of the trial court judge was based on the plain meaning of the statute which requires that the voting space be marked in addition to writing-in the candidate's name."

Posted by Randy Riddle at September 13, 2005 10:24 AM