Today, Transportation Solutions Defense and Education Fund (TRANSDEF) sued the Secretary of State trying to get an automatic 10% manual recount of the Measure B votes. The hearing has been moved from Santa Clara County to San Francisco.
A few weeks before the November election, the Secretary of State adopted new emergency regulations that mandate a 10% manual recount on tight races with a margin less than half a percent. However, the Secretary of State worded the regulations this way: “For ballot measure contests, including recall contests, the margin of victory is the difference between the percentages of votes for and against the ballot measure.”
Because school bonds require 55% and most other taxes require 2/3 to pass, the wording was probably an honest mistake on the part of the Secretary of State. However, a lawsuit is necessary in order to get a recount because the county's Registrar of Voters refused to do so based on its strict interpretation of the regulations.
Those who voted no on B deserve equal protection from the law like those who voted for other ballot measures and candidates. It is clear that Measure B was only passed by an extremely small margin. There's no legal or moral gounds to deny an automatic recount in this race but not other tight races. Remember, that's how Bush got into office when the Supreme Court ordered a stop to the recount in Florida 8 years ago.
Also, if Measure B were defeated by the same margin, the yes campaign would certainly take actions to get a recount.
TRANSDEF has a history of protecting transit riders when politicians and big money lobbyists abandoned them. In 2003, it issued legal comments in support of using Measure A funds to save bus service. It also fought against many highway expansions in the Bay Area that only encourage more auto dependency.