San Diego Mayoral Race Still Up in Air

The fate of the city’s much-litigated mayoral election remained undecided Friday after an appeals court delayed ruling on whether a new election should be ordered.

A three-judge panel of the 4th District Court of Appeal, sitting in Santa Ana, heard 90 minutes of arguments over whether the write-in candidacy of Councilwoman Donna Frye violated the City Charter.

Attorney Mike Neil asked the court to declare Frye’s candidacy illegal and order a new election between Mayor Dick Murphy and county Supervisor Ron Roberts.

But Justices William F. Rylaarsdam and David Sills appeared to doubt whether their court had jurisdiction to intervene before the election had been certified.

“Do we have the power, do we have the jurisdiction to do what you are asking us to do?” Rylaarsdam asked. “Are we the right body to make this kind of decision at this stage of the game?”

In San Diego, Murphy said he was disappointed that the court did not lift its order blocking the county registrar of voters from certifying him as the winner.

The order was issued this week just hours before county Registrar Sally McPherson was set to certify that Murphy had beaten Frye by slightly more than 2,000 votes.

A swearing-in ceremony planned for Monday is now on hold.

Under the charter, Murphy will remain mayor until the lawsuit is resolved.

In other legal action, a federal appeals court, dealing with a lawsuit similar to that being considered by the state court, refused to order a new election.