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.

In the latest twist in San Diego’s mayoral race, the entire bench of the San Diego Superior Court removed itself Wednesday from hearing a lawsuit challenging the legality of the election. The case was then assigned to a retired judge from Imperial County who will hold a hearing Monday in the downtown San Diego courthouse.

As vote counts continue to indicate that write-in candidate Donna Frye defeated the incumbent mayor, suits continue to be filed to challenge the legality of the win.

The plaintiffs, who allege violations of the Constitution’s First and 14th amendments, contend Frye’s write-in candidacy is invalid because the City Charter does not allow write-in candidates to run in a general election. They also contend (although this hardly seems like a legal issue) that write-ins illegally siphon off votes from the two ballot candidates. The city charter says that the voters are to choose between the top two candidates nominated at the primary election. There is no provision in the city charter for write-ins, although state law directs that all elections be open to write-in candidates, and even the city’s municipal code explicitly allows write-ins in both primary and general elections. The first suit filed, by local lawyer John Howard, asks the court to direct that the election be held over again.

The judges disqualified themselves because the incumbent mayor had served as a judge for 15 years and was known to the entire court.

Ironically, voters also approved Proposition F, a measure backed by the incumbent, to give the mayor a significant increase in power over the city government.

After the counting of provisional ballots Constitution Party candidate Rick Jore has been declared the winner for Montana House of Representatives with a two-vote margin in a three-way race. The losing candidate may still demand a recount, but must wait until the official canvass is completed on Nov. 22, and within five days after that date. The candidate’s representative has indicated she will demand a recount.

All eyes are on the race, since the outcome will determine control of the state legislature. The state house is now split. If Jore wins, Republicans will control the House. If Jore loses, the House would have a 50-50 split and the newly-elected Democratic Governor would name a House Speaker.

This is the first legislative win ever for the Constitution Party nationwide. He is also the first third party legislator in Montana since 1929. Jore is a former Republican legislator.