Countywide : Hoffmann Is Denied in Quest for Subpoenas

Art Hoffmann, who lost a place on the November ballot in a recount of Democratic primary ballots in the 40th Congressional District, lost another round Monday--this time in court.

An Orange County Superior Court judge issued a protective order that effectively kills Hoffmann’s attempt to subpoena his opponent for the Democratic nomination, Bruce W. Sumner, along with Orange County Registrar of Voters A. E. Olson and 36 county election workers to testify this week.

Hoffmann, a follower of political extremist Lyndon H. LaRouche Jr., sued Sumner after a recount reversed earlier election results and gave Sumner’s write-in campaign a 1,228-vote victory.

The Hoffmann campaign claims that “vote fraud or . . . massive irregularities” were responsible for his defeat, according to a campaign spokeswoman.

Hoffmann’s attorney, Robert M. Levy of Woodland Hills, had planned to question Olson, Sumner and the poll workers in depositions this week before a formal hearing on the lawsuit begins Aug. 25.

“We’re going to have to find out this information,” Levy said in an interview shortly after Monday’s ruling. “Either we’re going to find it out in depositions or in the courtroom.”

All the witnesses, he said, already have been subpoenaed to appear at the Aug. 25 trial.

“I have no idea what they could possibly ask Judge Sumner,” said William O. Humphreys, Sumner’s attorney, “because he didn’t have any connections to the official tally or to the recount.”

Sumner asked his attorney to file the motion that led to Monday’s protective order after receiving a phone call from a concerned poll worker who had been subpoenaed, Sumner said.

Levy said he intends to turn about 5,200 disputed ballots over to a handwriting expert to look “for problems of similar handwriting” next week in Superior Court Judge John C. Woolley’s courtroom.