Court Intervenes In East Bay Congressional Race

MARTINEZ (CBS/KCBS) -- The Superior Court in Martinez is now involved in the vote count for a close East Bay congressional race.

While GOP challenger David Harmer trails incumbent Jerry McNerney by about 500 votes, Harmer wants to verify the signatures on mail-in ballots in Contra Costa County.

KCBS' Tim Ryan Reports:

The Harmer campaign lost its initial appeal for a temporary restraining order on Friday to halt the vote count. The campaign is seeking access to the vote-by-mail ballots. Melissa Subbotin is a spokeswoman for the San Ramon attorney.

"Our primary objective is to ensure that this process proceeds openly, fairly with the upmost transparency as the law is interpreted," said Subbotin.

Registrar of voters Steve Weir says the Harmer effort is misguided.

"We believe the election codes are very clear that you can't casually challenge a vote by mail voter because they're not there to defend themselves," said Weir.

The vote count goes back to Superior Court on Monday morning for a possible evidentiary hearing. A spokeswoman for McNerney would only say they're looking for "a fair and accurate process".

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