Frye’s Backers Issue Appeal

An attorney for supporters of Councilwoman Donna Frye on Thursday asked the City Council to convene a special session to resolve the hotly disputed mayoral contest.

The election results have stirred controversy since a recount showed that Frye, a write-in candidate, would have won the election if the registrar of voters had counted everyone who wrote in her name.

The ballots were not included in the total because voters had not darkened the oval beside her name. Had all the ballots been counted, Frye would have defeated the eventual winner, Mayor Dick Murphy.

Frye’s supporters, through attorney Fredric D. Woocher, have been preparing a lawsuit seeking to overturn the election. On Thursday, he appealed to the council to avoid a court battle.

“The City Council has the authority and the obligation to correct this manifest injustice,” said Woocher, in a news conference outside City Hall.

The prospect of such a special session, however, seems remote. The council has certified the election results, and most members endorsed Murphy.

Murphy’s lawyer, Bob Ottilie, said a special session can be convened only by the mayor, or by a majority of the council.

The appeal by Frye supporters, said Ottilie, is a sign of desperation. “They don’t have a case in court, so they’re going the political route,” he said.

Frye was not available for comment. Her supporters have until Jan. 7 to file a lawsuit.

The legal battle would focus on more than 5,000 ballots in which voters wrote in Frye’s name but failed to fill in the small oval next to the write-in line. Election officials declined to count those ballots.

Woocher said the ballots should have been included in the totals because they show voter intent. The registrar and Murphy supporters say state law requires voters to fill in the ovals.