Write-in rejection
Elections director bars Green candidate from fall ballot

By Sitara Nieves

San Francisco Department of Elections director John Arntz has reversed his position and denied Green Party write-in congressional candidate Terry Baum a spot on the November ballot.

Arntz had called Baum March 15 to tell her that almost 10 percent of the registered Green voters – 1,605 people – had written her name on the March 2 ballot, enough to qualify her to run in November against incumbent Nancy Pelosi.

Baum was overjoyed: no third-party candidate in California has qualified for the ballot as a primary write-in candidate since 1968.

But Arntz called Baum back one week later and said he'd changed his mind. He cited a city attorney's March 23 opinion stating that in more than 220 of the 1,651 ballots that contained Baum's name, the voters had failed to fill in the arrow next to the write-in slot.

Legally, the City Attorney's Office argued, that meant those votes couldn't be counted. The opinion acknowledged that "this result may seem contrary to both public policy and common sense."

It's also contrary to the way election law is typically interpreted: the intent of the voter is usually the benchmark.

"The question I was initially asking was: Is voter intent clear here? I thought it was," Arntz said, explaining why he made the first congratulatory call to Baum. Sup. Matt Gonzalez, a Baum supporter, agreed with Arntz's original assessment: "When a voter goes to the length of filling in the name of someone to vote for, intent is clearly expressed."

And while the ballot instructions were technically clear, it's easy to see how voters might have been confused. "I almost forgot to fill in the arrow next to my own name," Baum noted.

Baum's attorney, Lowell Finley, said he believes Arntz should reconsider his decision. "The city attorney does not declare legally binding opinions," Finley stated. "Arntz is not bound to accept this decision."

Arntz disagrees. "I have no discretion," Artnz said. "I have no legal authority here."

Baum and her supporters are furious and plan to challenge this decision in court. "I refuse to accept this ruling," Baum said. "I will absolutely run for Congress, no matter what."