In tight South LA race, one city council candidate accuses the other of alleged voter fraud

As the race to represent L.A.’s Council District 9 remains too close to call, candidate Estuardo Mazariegos’ campaign has accused the campaign of Jose Ugarte, the front-runner, of potential ballot tampering.

The Mazariegos campaign made the accusations Monday, saying it had filed a complaint with the Los Angeles County Registrar-Recorder/County Clerk. In a press release, the campaign alleged that representatives for the Ugarte campaign had collected voters’ ballots to drop off without signing the appropriate line identifying the individual who returned the ballot.

In one case, Mazariegos’ team accused Ugarte campaigners of filling out a ballot on a voter’s behalf without her knowledge of who she was voting for.

“Taking people’s ballots, filling them out, and not following legal voter assistance guidelines in a district that has faced so much disenfranchisement is disgusting,” Mazariegos said in a statement.

Mike Sanchez, a spokesperson for the L.A. County Registrar-Recorder/County Clerk, said his office had forwarded the news release to the district attorney for review. He also pointed to the California Elections Code, which says that a “ballot shall not be disqualified solely because the person authorized to return it did not provide on the identification envelope their name or signature.”

Under California law, a voter can authorize another person to return their mail-in ballot — an approach also called ballot harvesting.

Justin Levitt, a  professor of constitutional law at Loyola Marymount University, told AirTalk Tuesday that there is no legal limit on the number of ballots an individual can turn in on others’ behalf, so long as they aren’t being compensated per ballot returned.

“Even if there were some sort of administrative wrongdoing, as long as there's no indication of fraud with the ballot itself, those ballots will all be counted,” he said.

Levitt said, however, that signing a ballot and then handing it to someone else to fill out would be illegal.

“ To the extent that there are allegations now that the DA may investigate, I suspect that's what they'll be focusing on,” Levitt continued.

The Mazariegos campaign also sent a collection of photos to the press, including one of a campaigner, USC student Amir King, returning a stack of ballots at a ballot drop box.

The Mazariegos campaign alleged that representatives for the Ugarte campaign had collected voters’ ballots to drop off without signing the appropriate line identifying the individual who returned the ballot.

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Courtesy of Estuardo Mazariegos' Campaign

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Ugarte’s campaign responded to the accusations by pointing to a post by King on Instagram in which he accused the Mazariegos campaign of bullying him and making false claims about him.

“Why is he attacking me? For participating in our democracy, as is my right under California state law and for helping others participate in democracy, as is their right under California state law,” King said in the post.

As of Tuesday morning, just under 300 ballots separate Ugarte and Mazariegos, with 44,000 ballots left to count in L.A. County. It’s not clear how many ballots in Council District 9 are left to count.