A four-judge panel of the state Court of Appeal on Tuesday rejected a request by an Inglewood City Council candidate to be declared the winner of a June election that was overturned in October.
The request was filed by Garland Hardeman, a Los Angeles police officer who successfully sued to have the election of Councilman Ervin (Tony) Thomas overturned because of widespread violations of election laws involving absentee ballots. In throwing out the election, however, Los Angeles Superior Court Judge Leon Savitch refused to declare Hardeman the winner, calling for a new election instead.
Hardeman's lawyers have appealed, arguing that the state Election Code calls for Hardeman to be declared the winner. The appellate panel decided that no emergency ruling is required because election law gives priority to appeals of cases involving contested elections.
Mark Borenstein, Hardeman's attorney, said he plans to take the request for an emergency order to the state Supreme Court. Thomas and the city also have appealed the Savitch ruling, and Thomas remains on the council.