Riverside County ordered to tally thousands of uncounted mail-in primary election ballots

A Superior Court judge on Friday ordered Riverside County to tally more than 12,500 mail-in ballots that arrived a day after the polls closed in the June 8 primary, a decision that could alter the outcome of a neck-and-neck legislative race.

A 12-vote margin separates Mary Salas and Juan Vargas in the Democratic race for state Senate District 40, which includes Imperial County and slivers of Riverside and San Diego counties.

“It’s very close, so we’re certainly optimistic,” said Barry Klein, campaign manager for Salas, an assemblywoman from Chula Vista who narrowly trails Vargas. “We think every vote should be counted. Voters shouldn’t be penalized because of some bureaucratic miscommunication.”

Riverside Judge Mac R. Fisher ruled that the ballots should be tallied to preserve the integrity and public confidence in the election process.

The uncounted mail-in ballots had been sent on election day to a post office in Moreno Valley — where the registrar has never collected mail — and were not forwarded until June 9 to the main post office in Riverside where registrar staff picks up mail daily. Postal officials blamed the incident on a “change in process,” although they acknowledged that other mail was transferred from Moreno Valley to Riverside on election day.

The local Democratic Central Committee and three voters filed a lawsuit to force the Riverside County Registrar of Voters to count the ballots. The uncounted ballots could also alter the outcome of a race for the Riverside County Democratic Central Committee, with about 150 votes separating two candidates.

County elections officials will tally those ballots by the end of Saturday and certify the election results shortly thereafter, according to county spokesman Ray Smith. Riverside County officials had postponed certification of the June 8 primary election results until they decided how to handle the matter.

“It’s an important case because vote-by-mail is becoming an increasingly popular way for people to cast ballots,” said James C. Harrison, the San Leandro-based attorney who represented the petitioners in the case. “It’s important to make sure that everyone’s voice is heard.”

The county is currently reviewing the procedures on collecting mail-in ballots to ensure all ballots submitted on time are tallied.

“We’re pleased with the decision,” Riverside County Executive Officer Bill Luna said in a statement. “With the judge’s ruling, we will count the ballots and move quickly to certify the election.”

phil.willon@latimes.com