SAN DIEGO (CBS 8) - Ballots from around San Diego for the June Primary Election have been counted and are set to be certified, however, a local group protested Tuesday, claiming that all the ballots had not been counted.
Supporters of Citizens Oversight rallied outside the Registrar of Voters. They allege in a lawsuit that the County Registrar Michael Vu failed to properly audit ballots they believe may show that Senator Bernie Sanders won San Diego County and not Hillary Clinton.
"This is not necessarily about a Bernie or Hillary race. We're not trying to support one or the other, we're trying to get this election official to follow the law," said Ray Lutz, Citizens Oversight.
Poll workers use machines to count hundreds of thousands of ballots. The county is required to audit one percent of those with a manual count. Citizens Oversight claims in its lawsuit that to save time, the registrar didn't count late-arriving mail ballots or provisional ballots in their audit.
"We say that's not good enough. In this country, we want election officials to follow the election code and do what they're supposed to do," said Lutz.
The county maintains it followed the election code and "looks forward to its day in court." Still, the group infers other improprieties with the count. Among the claims are suggestions of ballot destruction and tampering, although they were unable to back the claims.
"At this point, we have circumstantial evidence. There's an election occurring, there's a rather large shredding truck in the parking lot while ballots are being processed and counted. We wanted to make sure that truck and company was not shredding ballots," said Alan Geraci.
The county reported the presidential votes to the state, but that doesn't mean they're officially certified. That will take until Thursday, although the registrar could submit them earlier.
A judge is set to hear the case Wednesday afternoon at the county court. Citizens Oversight says even if the results are certified, they will still continue the lawsuit in hopes of changing the way future results are handled.