Judge Harry Tobias ruled that a challenge to the District 5
supervisorial race came too early and lifted a temporary
restraining order Tuesday to allow the county clerk to certify the
election results. Jaime De La Cruz defeated Bob Cruz by 10 votes in
the March 2 election.
Judge Harry Tobias ruled that a challenge to the District 5 supervisorial race came too early and lifted a temporary restraining order Tuesday to allow the county clerk to certify the election results. Jaime De La Cruz defeated Bob Cruz by 10 votes in the March 2 election.
Later in the day, clerk John Hodges met the state’s Tuesday deadline for a certification of the San Benito County results. The judge agreed with Hodges’ contention that the election must be certified before an official challenge can be pursued.
The ruling now means incumbent Bob Cruz’s wife, Marian, must amend the lawsuit she filed Friday challenging the District 5 result. Next, it’s up to the Board of Supervisors to certify or deny the winners of the election at its meeting next Tuesday.
“He’s the winner of the election,” Hodges said of Jaime De La Cruz, “until it’s contested.”
Meanwhile, an investigation continues by an outside inspector into allegations of improper absentee ballots in the District 5 race. Marian Cruz wanted to preserve the temporary restraining order to allow an investigator more time – hoping Santa Cruz inspector Aaron Tripp could compile more evidence in Bob Cruz’s favor.
Maria Cruz’s lawyer, Harry Damkar, expressed confidence that there is enough evidence now – the original suit cites 13 questionable ballots – to potentially nullify the results and set up another race in November.
“I don’t think this is going to have any effect on the actual lawsuit,” Damkar said shortly after the ruling, even though his client objected to lifting the restraining order.
Hodges has contended that a certification must come first since the controversy arose more than three weeks ago. That’s when the elections office tabulated the final absentee ballots and De La Cruz overtook Cruz’s lead and unofficially won by 10 votes.
Eight absentee ballots are in question because they were improperly returned to the elections office. Absent voters can designate only certain family or household members to return ballots – not friends or others such as nieces and nephews, according to the election code.
The original suit cited another five ballots that Marian Cruz contends should also be disqualified. They include two mailed by De La Cruz – a practice that is also improper.
The candidate says the post office lost those two ballots, and they were never counted – and that he was advised by elections officials that he could legally mail others’ ballots.
When he first learned of the ruling, De La Cruz on Tuesday was relieved but also expressed skepticism about the board’s discretion on whether to certify the winners. The board, after all, commissioned the investigation. And at least one of its members, Ruth Kesler, has referred to the results as fraudulent.
“The public made a vote,” De La Cruz said. “If the board wishes to go against the public’s vote, then, well, they’re the Board of Supervisors.
