Weiss Files Protest of Election Results

Ventura accountant Scott Weiss, who was one vote short of forcing an election run-off for the position of Ventura County auditor-controller, has challenged the results of the June 7 election in Ventura County Superior Court.

Weiss claims that election officials should have tried to ascertain the identities of more than 23,000 voters who either punched their ballots for more than one candidate or did not pick any candidate for auditor-controller.

The petition, filed Wednesday, said election officials failed to determine if the intent of the 274 voters who cast an “over-vote” could be found out.

It made the same complaint in reference to the 23,395 voters who did not cast a vote in the race.

The legal action came one week after the Board of Supervisors formally certified the 113,866 ballots cast in the election.

Weiss decided against putting up $10,000 of his own money for a recount.

County officials have said that, based on a 1987 court decision and a case in 1984, when Ventura County did a recount of over-votes, officials are not required to count ballots in which votes were cast for two or more candidates.

In his lawsuit, Weiss said that “had such votes been counted as required by the Elections Code, (he) would have received more votes” than opponent Richard Morrisset.