Politics : Hoffmann Suit Asks for Victory or New Election

Former candidate Art Hoffmann filed a Superior Court lawsuit Friday, seeking to have himself declared the Democratic congressional nominee in Orange County’s 40th District or to have a new election.

Hoffmann, 31, a follower of political extremist Lyndon H. LaRouche Jr., was declared the loser in a computer count of ballots on election night June 3, a winner in a hand count of the ballots several days later, and a loser again a week ago after a 16-day recount.

Bruce Sumner, 61, a retired judge, was certified this week as the Democratic nominee. Sumner ran as a write-in candidate after Democrats learned that the only person to seek their party’s nomination to oppose Rep. Robert E. Badham (R-Newport Beach) in November was a LaRouche candidate.

Robert M. Levy, Hoffmann’s attorney, said the latest lawsuit against Sumner asks the Orange County Superior Court to declare the tally declaring Hoffmann the winner the official one or to order a new election.

“We have affidavits from approximately 70 poll workers who say that there is absolutely no way that their counting could have been inaccurate,” Levy said. The poll workers said there were no write-in votes for Sumner, but the later count said there were, Levy added.

The affidavits affect 300 or 400 votes, but a survey of other poll workers would produce more, Levy said. The official recount showed Sumner the winner by 1,228 votes, 16,401 to 15,173.

Hoffmann claimed that “someone stuffed the ballot boxes” but offered no evidence. Sumner and election officials have ridiculed that claim and the Superior Court commissioner said he was not persuaded that any such action occurred.