San Diego Write-in Lawsuit Filed

On January 6, 2005, supporters of Donna Frye filed a new lawsuit, to validate write-in votes for Frye that have been considered invalid votes. If the lawsuit succeeds, Frye will become Mayor, since she received more votes than any other candidate, but not all of them are considered valid. Lawrence v Murphy, GIC 840839. The lawsuit was filed by Fred Woocher, one of the leading election law attorneys in California.

Rick Jore’s Website Now Illustrates Disputed Ballots (revised post)

Rick Jore’s website has 7 votes that were not marked strictly according to instructions, but which seem to show intent to vote for Jore. Nevertheless, the Montana Supreme Court invalidated all of these 7 votes.

Jore’s webpage also shows 2 votes that were not marked strictly according to instructions either, but which seem to show intent to vote for the Democratic candidate. These two ballots were, indeed, counted for the Democratic nominee.

Rick Jore's Website Now Illustrates Disputed Ballots (revised post)

Rick Jore’s website has 7 votes that were not marked strictly according to instructions, but which seem to show intent to vote for Jore. Nevertheless, the Montana Supreme Court invalidated all of these 7 votes.

Jore’s webpage also shows 2 votes that were not marked strictly according to instructions either, but which seem to show intent to vote for the Democratic candidate. These two ballots were, indeed, counted for the Democratic nominee.

Ohio Secretary of State Releases Presidential Recount Data

Today, the Ohio Secretary of State finally released totals for the presidential recount. Bush gained 1,037 votes; Kerry gained 1,213 votes; Peroutka gained 33 votes; and Badnarik lost 19 votes, according to the Secretary of State.

The Ohio Secretary of State’s webpage labels Badnarik and Peroutka (the only non-major party presidential candidates to appear on the ballot) as “non-partisan” candidates, even though both of them appeared on the ballot as “other-party nominee.” Ohio election law requires the label “other-party nominee” for those candidates who choose it, if they use the independent petition procedure. Nothing in the Ohio law authorizes the Secretary of State to label such candidates “non-partisan,” as he has done on his web page. Complaints to his office about the label have gone unreturned.

Nader Files Third Ballot Access Case with US Supreme Court

Yesterday, Ralph Nader asked the US Supreme Court to hear his Texas ballot access case. His Pennsylvania ballot access and Oregon ballot access case are already pending before that court. The issues in Texas are whether it is constitutional for a state to require more signatures, and an earlier deadline, for independent presidential candidates than for new parties.