P. V. Estates Puzzles How to Resolve Tied Election

Two candidates for a seat on the Palos Verdes Estates City Council wound up in a tie late Thursday as 13 ballots--disputed election night because of registration questions--were held to be valid and were counted.

The count sent officials in this bedroom city, which had not had a contested council election in six years and has never had one end in a tie, to the law books in search of a solution.

Rita M. Bayer and Raymond D. Mattingly had 1,565 votes apiece after the additional ballots were tallied. Bayer had led Mattingly by two votes at the final count on election night Tuesday.

James R. Nyman, who won the other council seat on the ballot by a wide margin, picked up nine votes in the new tally, for a total of 1,860.

City Clerk Barbara Culver said that because no provisions have been adopted by the city for resolving a tie, the probable solution under the state Elections Code will be a drawing by lot at a time selected by the City Council sitting as an elections board.

She said City Atty. Mark Allen Jr. is researching state codes to see if there is any other option, including a city-sponsored recount of all ballots. Allen said he expects to report back to Culver today but would not comment on what his advice might be.

Paul Marshal of Martin and Chapman Co. of Lakewood, elections consultant to Palos Verdes Estates and several other South Bay cities, said he advised Culver on Thursday that without an adopted provision to break a tie--which is optional under the code--the tie must be resolved by lot.

Mattingly, 64, a retired hospital administrator, said he is waiting for the city to tell him what comes next.

“This is an election that will not be soon forgotten,” he said. “When I tell people every vote counts, I really mean it.”

He said that regardless of what happens, he does not plan to ask for a recount.

“I’m numb,” Bayer said after learning of the tie. “It’s pretty incredible. It shows everyone how important their vote is.”

Bayer, 61, who is a volunteer for several groups, had said earlier that she would not seek a recount.

Neither candidate has sought office before. Both ran similar campaigns, emphasizing their free time and accessibility.

There were 15 so-called “provisional” ballots with disputed registrations cast Tuesday but held aside. Officials said two were held invalid because the voters had moved to another part of the city and not reregistered.

Culver said that from the 13 ballots, Nyman picked up nine votes, Bayer two, Mattingly four, and trailing candidates Robert A. Kirkman and Michael T. Williams three and four votes, respectively.

Treasurer Hazel L. Elder, who was unopposed, gained eight votes.

For the special property tax that partially funds police, fire and paramedic services, there were 11 more “yes” votes and one more “no” as a result of the additional ballots.

Some of the 13 voters did not vote in all categories or did not vote for two council candidates.

The final results are Nyman, 1,860; Bayer and Mattingly, 1,565 each; Kirkman, 964; Williams, 484; Elder, 2,804; yes for the proposition, 3,315; no for the proposition, 427.