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San Gabriel Valley : NOT COUNTED OUT

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He’s at it again. After losing one lawsuit and a tie-breaking lottery for a Diamond Bar City Council seat, Don Schad this week filed a second lawsuit contesting a recount vote that ended in a tie between him and Carol Herrera.

His last suit against the city clerk was thrown out of court because a judge said it was filed against the wrong person. The new suit correctly names the county registrar as the official election officer.

Principal Deputy County Counsel Halvor Melom called Schad’s move “inappropriate” and threatened to seek monetary sanctions against the would-be councilman for “putting us through this again.” Herrera said she considered the elections behind her when she won the lottery and took the council seat Dec. 19.

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“I suppose it is his refusal to accept fate,” Herrera said.

But Schad said he is not a sore loser, just a relentless servant.

“I had planned to drop it, but I had such tremendous support,” Schad said. “My constituents were telling me to fight it until the end.”

The suit centers on two poorly punched ballots. Schad said the tie resulted when judges threw out the ballot for him but counted the one for Herrera.

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