Removal of Bernstein Name Sparks Outcry

In a strange twist to today’s election, three candidates for a charter reform panel on Monday protested the city clerk’s decision to remove the name of the late education leader Helen Bernstein from the ballot.

Bernstein, one of six candidates vying for the District 4 seat on the proposed elected panel to overhaul the City Charter, died Thursday when she was hit by a car.

On Friday, the city clerk’s office announced that it had instructed precinct inspectors to strike Bernstein’s name from today’s ballot.

But three of Bernstein’s opponents--Bill Weinberger, Tony Lucente and Jim Regan--wrote to City Clerk J. Michael Carey on Monday, arguing that the City Charter prohibits removing the name of a candidate unless the candidate dies at least 10 days before the election.

The three candidates say they protested because they fear that Carey’s decision will make the race legally flawed and open to a challenge, regardless of who wins.

But Carey said the city attorney’s office has advised him that he has the authority to remove Bernstein’s name.

City Hall sources say there is more to this dispute than a legal squabble.

Bernstein and a fourth hopeful, Charlie Mims, were considered the front-runners, and the sources suggest that Mims’ chances of winning the race outright would be increased without Bernstein on the ballot. But if Bernstein’s name remains and she received some votes, Mims would likely be forced into a June runoff with one of the other candidates.

The three candidates rejected such suggestions, saying they simply want the city to abide by the law.

Mayor Richard Riordan, who threw his money and political clout behind Proposition 8, had endorsed Bernstein. A spokeswoman said Riordan had no position on the dispute.