Losing Assembly Hopeful’s Suit Voided

A federal judge in Sacramento on Thursday dismissed a lawsuit by an Orange County Republican Assembly candidate who alleged that he would have won the state’s open primary in March if only GOP votes had been counted.

U.S. District Court Judge David F. Levi ruled that Jim Righeimer of Huntington Beach failed to prove his constitutional rights were violated when Huntington Beach Councilman Tom Harman was elected as the GOP nominee in the 67th Assembly District. The district is represented by Assemblyman Scott Baugh, who is in his final year because of term limits.

“Even using [Righeimer’s] figures, it appears that Harman might well have been the winner of a closed primary,” Levi wrote in a 13-page opinion.

The judge said Righeimer determined after an unofficial recount in the race, in which votes were counted according to political party, that he had received 2,933 more Republican votes than Harman. But evidence presented by Harman showed that in the same election, 3,669 registered Republicans voted for Democratic or Libertarian candidates.

“In a closed primary, these Republicans might well have voted for Harman,” Levi wrote.

Righeimer said he felt a responsibility to GOP voters in the district to fight his primary loss “until we had an opinion from a judge. And that’s what I did.”

Harman said he was satisfied with the outcome but angry with the California Republican Party, which supported Righeimer and challenged Harman’s election.

“I am greatly disturbed by the fact that the California Republican Party and its state chairman, John McGraw, supported and encouraged this totally unnecessary and ridiculous lawsuit,” Harman said.

The lawsuit was filed against Secretary of State Bill Jones and Orange County Registrar of Voters Rosalyn Lever. A spokesman for Jones’ office said the ruling was expected.

“The court agreed that the rules in place at the time of the election should be the rules that govern the election,” Jones spokesman Alfie Charles said.

Righeimer was originally joined in his lawsuit by Assembly candidate Bruce Matthias, who lost to Brea Councilwoman Lynn Daucher in the 72nd Assembly District race, and Dennis Yates, who lost a GOP Assembly primary in San Bernardino. The losing candidates identified themselves as more conservative, while the three winning candidates represent more moderate views within the party.

However, the case, which was filed originally in state court, was reassigned to federal court in early August. It also was separated from other cases. Matthias and Yates dropped their cases in August.