Berkeley election voided!

Judge voids results of Berkeley

measure on medical pot

Henry K. Lee, Chronicle Staff Writer
Friday, September 28, 2007

An Alameda County judge has voided election results for a failed 2004 Berkeley medical marijuana measure, ordering it returned to the ballot next year because county election officials failed to hand over data from voting machines, attorneys in the case said Thursday.

Superior Court Judge Winifred Smith also said county officials should pay attorneys’ fees and reimburse a medical marijuana group more than $22,000 for the costs it incurred during a disputed recount shortly after the November 2004 election.

In her ruling Tuesday, Smith said county officials had failed to retrieve backup data from electronic voting machines, logs of activity on the machines and other records as she had specifically ordered.

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