Judge rules in lawsuit against ex-councilman
Diep beat Nguyen by just 12 votes last spring to replace him for District 4 seat
A judge has tentatively ruled that former Councilman Manh Nguyen failed to prove that the county elections office botched the ballot count that led to his narrow defeat last year.
“There is no reasonable conclusion that fraud occurred in the process,” wrote Santa Clara County Superior Court Judge Drew C. Takaichi in his tentative ruling issued Oct. 4 after a weeklong trial. He added that Nguyen failed to “prove fraud by clear and convincing evidence.”
That means Councilman Lan Diep, who beat Nguyen by 12 votes in June 2016, can breathe a sigh of relief — at least for now. Since the ruling is tentative, the judge must still issue a final decision, though it’s unlikely to change. Nguyen also has a right to appeal.
Nguyen and his attorney, Edward Kraus of the Silicon Valley Law Group, did not respond to requests for comment.
Nguyen had claimed the county’s Registrar of Voters fumbled the ballot count by mishandling “duplicate” ballots — which are created by elections office staff when the original has been voided. He also claimed 255 ballots went missing — though the judge found no evidence to support that assertion — and that staff failed to consistently initial ballots during the duplication process. Nguyen asked the judge to either declare him the winner or call for another election.
County officials main- tained that some irregularities are normal in a ballot count, but denied claims of fraud or misconduct.
Santa Clara County Counsel James Williams said the issue with the staff initials was a “distraction” and the legal case centered around whether the county elections office followed the law.
“There was just no evidence for allegations of fraud, especially when the voter count process is so open and transparent,” Williams said. “There’s nothing secret about it. Candidates have their own representatives there observing it. You can’t get more open than that.”
The judge agreed, saying in his tentative decision that the duplication process happens in public, and the county elections office provides “sufficient safeguards against misconduct.”
“We appreciate Judge Takaichi’s well-reasoned and thoughtful tentative decision and we await his final decision,” said Philip Chantri, a spokesman for the county Registrar of Voters Office.
Nguyen’s misconduct claims came after two recounts — one of which he paid for — confirmed Diep as the winner of the council seat in District 4, which covers Berryessa, Alviso and North San Jose.
Diep, who’s been eager to put the legal battles behind him, was optimistic about the judge’s tentative ruling, calling it a “step towards the final judgement.”
“I’m grateful that the court has validated my belief that Manh Nguyen’s case is based on speculation and not evidence,” Diep said.
Councilman Tam Nguyen — no relation to Manh — observed the ex- traordinary case from its start and said he’s not surprised by the lawsuit’s outcome. Nguyen said he had urged his onetime council colleague and friend Manh Nguyen to accept the election results and move forward with his life.
“I accept the fact that the election process has some flaws, but I knew no court or judicial system would set aside the people’s will because of some irregularities,” Tam Nguyen said.
Tam Nguyen said he’s relieved for his new colleague, Diep.
“I’m glad its over,” he said. “Now he can get that off his back and focus on serving the residents of District 4 and the city.”
The judge will issue a final decision in early December.