The Right Coast
November 16, 2004
Florida in San Diego II: The Write-In Lawsuit
By Mike Rappaport
The lawsuit challenging the write-in candidacy of Donna Frye for mayor has failed, largely on the ground that the challengers waited too long to litigate. In a previous post, I had wondered whether equity should not have prevented this after the election lawsuit and it turns out the judge agreed.
That said, the write-in candidacy does seem illegal. Mayoral elections invove a primary that selects the top two candidates and then the general election is a run-off between them. Allowing Donna Frye to bypass the primary seems absurd. Moreover, it allows Frye, a Democrat, to win the election by having the two Republicans split the vote.
Still, it is likely that we will only face one illegal election on these grounds. If a write-in candidate emerges in the next mayoral election, the issue will no doubt be litigated before the election. And hopefully the judge will conclude that write-in candidates are illegal.