The last major court challenge in support of San Diego City Councilwoman Donna Frye’s write-in candidacy for mayor last year has been dropped.
Santa Monica attorney Fred Woocher, representing three Frye supporters, withdrew their appeal of the Superior Court’s ruling disqualifying 5,551 of her write-in votes because an accompanying bubble had not been properly filled in. Woocher said he withdrew the suit May 12.
The attorney said the suit was voluntarily dropped as a result of the resignation of Mayor Dick Murphy, effective July 15, and the special election set for his replacement on July 26.
“From the beginning, our objective was to make sure that the voters’ will is being implemented and that the person who will be sitting in the mayor’s seat for the next four years is the person who truly has the support of San Diego’s voters,” Woocher said.
“The people of San Diego will now have the opportunity to express their preference for mayor in the special election, and either Donna Frye will win their support once again or another candidate will be chosen to lead the city. Under either outcome, the people’s voice will be given effect and democracy will have prevailed.”
Frye, responding to the news, said she agreed with the suit’s withdrawal.
“There is an election scheduled and, quite frankly, there would be a problem at this point to say, ‘Now you are mayor,’ while there is an election being scheduled. I want to go through the election process. Some people were uncomfortable with having a mayor with only 35 percent of support. I don’t agree that write-ins should be banned, but I understand the concerns and I heard them. I hope this will put people’s complaints to rest. Try it again, and see if the second time is the charm. I’m looking forward to this.”