KCBS’ Matt Bigler Reports

Attorneys for the State Attorney General’s office argued successfully in San Jose that the challenge to Measure B should be heard in San Francisco, where the Secretary of State has an office. It is a technicality that the group wanting a recount is not happy about.

”Today, what they did is prevent a resolution of that error. They’re forcing us now to go file in anther court,” said David Schonbrunn with the transit group TransDef.

He says the county will now likely submit its votes to the state, strengthening its argument that there should be no recount.

”They’re certainly not doing what the Secretary of State is committed to doing, which is protecting the people’s right to vote, and to have it accurately counted by a machine,” said Schonbrunn.

Measure B passed with a super-slim .11 percent margin of victory. Jim Pitkin in San Jose says he hopes the lawsuit will not further delay BART to San Jose.

”I think that the longer this is put off, the more expensive it’s going to be, and the more unlikely it will be for it ever to come to fruition,” said Pitkin.

Attorneys for the county declined to comment, but confirmed the case is now heading to San Francisco.

(MGO)