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Judge Rules Against San Diego's Recount Dispute

A Superior Court Judge has issued a tentative ruling against the County of San Diego in its suit, challenging the Secretary of State. At issue is whether Secretary of State Debra Bowen has the authori

Judge Rules Against San Diego's Recount Dispute

A Superior Court Judge has issued a tentative ruling against the County of San Diego in its suit, challenging the Secretary of State. At issue is whether Secretary of State Debra Bowen has the authority to require a bigger manual recount of votes in races that are too close to call. KPBS reporter Alison St John has more.

San Diego County objects to doing a manual recount of 10 percent of the votes in an election where the winner only wins by half a per cent or less. Previously Counties only had to manually recount one per cent. County Counsel Tim Barry is challenging Bowen 's right to require something that will cost the county time and money.

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Barry: And absent an express command of authority from the legislature to the secretary of state she's acting outside of her authority.

A San Diego citizens group that support's Bowen's new rules, argues the county should be suing the company that makes electronic voting machines rather than the Secretary of State. They say the company's should pay for the recount. The County says that is not part of their contract with the company. If the judge sticks with her tentative ruling, the County plans to appeal.

Alison St John KPBS News.