[GPCA Update] TERRY BAUM FILES SUIT TO GET ON BALLOT

[Jim Stauffer]

pix at: http://www.sanfranciscosentinel.com/news.htm

Terry Baum for Congress
8TH Congressional District    www.terrybaum.com 
  


COURT ASKED TO OVERTURN CITY
ELECTIONS DECISION, VALIDATE
GREEN PARTY NOMINATION

SAN FRANCISCO – In an extraordinary filing in Superior Court Monday, a
Green Party congressional candidate – invoking memories of the Florida
Presidential Election – asked the court to overturn the decision by the
city Dept. of Elections and rule that she has won her party's nomination to
Congress in the 8th District.

City elections officials, a week after the Primary, told Terry Baum she had
won the Green Party nomination with 1,659 valid write-in votes. But a week
later, the city invalidated hundreds of ballots, claiming voters, despite
hand-writing in Baum's name, had failed to fill in an "arrow" on the ballot
correctly, thus technicality violating a state code.

But, in his brief, San Francisco elections attorney Arlo Hale Smith urged
the court Monday to overrule the city because the state elections code used
to invalidate hundreds of write-in ballots for Baum is "unconstitutional."

He further noted that the state code the city used to invalidate the votes
is only applicable where a "voting system" is used – but that the city
actually "hand-counted" the ballots and discovered Baum had enough write-in
votes to win.

The brief notes several California and U.S. cases very similar to the Baum
case, including the infamous 2000 Presidential race in Florida.

"Even defendant's counsel has conceded that the rule urged by the Director
of Elections ‘may seem contrary to both public policy and common
sense...though voter intent is reasonably clear,'" said Smith. "The court
should rule voters have substantially complied and certify Terry Baum as
the Green Party nominee for the 8th Congressional District."

The city was served Monday morning. The pleading is available upon request.

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