Now that Jaime De La Cruz has unofficially won the race for
District 5 county supervisor, he must endure a scrutiny of improper
voting procedures, a potential recount and a verification process
that is conducted after every election.
Now that Jaime De La Cruz has unofficially won the race for District 5 county supervisor, he must endure a scrutiny of improper voting procedures, a potential recount and a verification process that is conducted after every election.
If his 10-vote lead survives all three, he would win the race and replace incumbent Bob Cruz on the Board of Supervisors.
The Free Lance previously reported more than 20 votes are in question in the District 5 race. It turns out only eight ballots were improperly cast in the district, according to head elections official John Hodges.
Absentee voters are allowed to designate a family member or household member to hand in ballots at the office, where the designee signs a log book. But in at least 22 cases throughout the entire county – and eight in District 5 – a friend or other non-relative returned them.
But challenging such ballots after an election is difficult, if not impossible, according to Hodges.
Hodges said there’s no way of knowing how those eight residents voted.
“Because it’s a secret ballot,” Hodges said, “and as soon as the envelope is opened, the ballots go to the right and the envelope goes to the left face down, so nobody knows how you voted.”
What’s done is done, he said.
“I counted those, but I can’t uncount them,” he said.
Cruz refused to comment on the issue and whether he plans to take legal action.
The Board of Supervisors, meanwhile, met in closed session this week to discuss the matter but did not report any public information from the meeting. Cruz was the lone supervisor not in attendance.
De La Cruz on Thursday said he believes he won the race “fair and square.” He unofficially won the race after coming back – from a 25-vote deficit – in the counting of the final 201 ballots Monday.
“The way I look at it – the election is over. Let’s move on,” he said.
It won’t be that simple, though.
State president of the League of United Latin American Citizens, Mickie Luna, said the local branch of the organization may request an outside investigation. They plan to discuss the matter at a meeting Saturday, she said.
She said LULAC wouldn’t try to change the election result. Rather, she’s concerned about the Latino community’s knowledge of absentee voting – and voter rights.
“Whoever wins – wins,” she said. “We have nothing to do with that.”
Brad Clark, the registrar in Alameda County, said the only evident means of challenging the result is through the “contest provision” in the Elections Code. But even then, the standard is “pretty high,” he said.
According to the code, a candidate can challenge the result: “due to mistake, error, or misconduct the votes in any precinct were so incorrectly counted as to change the result.”
Said Clark, “They would have to prove that sufficient errors were made that changed the outcome.”
Aside from the contest provision, Clark said, “He (Cruz) could always ask for a recount.”
Once the canvassing is finished in about a week, Hodges will officially certify the election results. After that, the District 5 race can be challenged through the contest provision or a recount.
