Retired Imperial County Court Judge refused to halt the vote count in the San Diego mayor’s race, a victory for a maverick city councilwoman who has mounted a surprisingly strong write-in campaign.

The retired Imperial County judge took over the case after all 124 members of the San Diego Superior Court bench were recused because incumbent Mayor Dick Murphy is a former judge. He issued the ruling to a packed courtroom at 3 p.m today.

The decision came as the vote tally showed the race tightening between Councilwoman Donna Frye, a 52-year-old surf shop owner, and Murphy.

Monday’s ruling is in response to a lawsuit filed by Frye’s opponents on the grounds that the election must be a runoff between the top two finishers in the primary — in this case, Murphy and county Supervisor Ron Roberts. The challenge was brought six days after the election.

Jones stopped short of dismissing the lawsuit, but said that Frye’s opponents had waited too long to challenge her campaign. When Frye entered the race five weeks before the Nov. 2 election, there were “no protests, no cries of illegality, no lawsuits.”

Attorney John Howard, who brought the legal challenge, said he planned to appeal. The incumbent mayor has also indicated he plans a legal challenge if the final vote count goes against him.

The registrar’s office released the latest tally at 8 a.m. Monday. The write-in-candidate — presumably Frye — is leading the contest with 151,759 votes, followed by Murphy, who has 149,928 votes.

It’s worth noting, however, that only 146,737 votes have been verified for Frye. An estimated 50,000 absentee and provisional ballots have still not been factored into the final numbers.

The registrar’s office has until the end of the month to certify the election.