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Frye Backers File Appeal Over San Diego Mayoral Ruling

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Times Staff Writer

Supporters of San Diego Councilwoman Donna Frye filed an appeal Thursday challenging this month’s ruling that upheld the November election victory of Mayor Dick Murphy.

A Superior Court judge ruled that 5,551 ballots cast for Frye didn’t count because voters, though they wrote in Frye’s name, had failed to fill in the accompanying oval, as required by state law.

Fredric Woocher, the attorney for Frye’s supporters, said the case was about “whether 5,551 people should be deprived of their fundamental right to vote.”

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If the votes had been included in the final tally, Frye, a write-in candidate, would have won.

A decision is not expected for several months.

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