Pubdate: Wed, 24 Nov 2004 Source: Contra Costa Times (CA) Copyright: 2004 Knight Ridder Contact: http://www.contracostatimes.com/ Details: http://www.mapinc.org/media/96 Author: Eric Kurhi, Staff Writer Bookmark: http://www.mapinc.org/props.htm (Ballot Initiatives) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) PROVISIONAL VOTE COUNT RAISES APPROVAL OF BERKELEY MARIJUANA MEASURE Three weeks after the Nov. 2 election, a Berkeley ballot measure that was thought to be defeated has slowly and quietly crept close to becoming post-season success. Measure R would give the city the most lax marijuana laws in the nation. It would eliminate limits on the number of marijuana plants a patient can grow, currently capped at 10. It would also authorize medical marijuana collectives to police themselves through a peer review group process and give new medical marijuana dispensaries the right to open without having to go through the permit process, which includes a public hearing. On Nov. 3, it seemed safe to call it a near-miss, gaining 48.8 percent of the vote. But since then, the influx of provisional votes has raised its approval rating to a 49.8 percent -- within striking distance of a win if the trend continues. According to Elaine Ginnold, assistant registrar of voters for Alameda County, it isn't unusual for a vote to change once the late ballots are counted. "Sometimes we have one that flip-flops back and forth," she said. "At least this one's just getting closer and closer." As of Wednesday afternoon, 25,160 votes were against the measure, 24,958 were for it. That's a razor-thin difference of 202 votes. But despite the closeness, Ginnold said that it's unlikely the final tally will show a victory for Measure R. She said counting is nearly complete, and county-wide they only have a few thousand more to go through. Measure R supporters are watching the process closely. According to Yes on Measure R campaign manager Dege Coutee, the registrar may be overwhelmed with the amount of late ballots that need counting. Still, that doesn't necessarily mean they will request a recount, as is often done in elections that come down to the wire. There are fees involved -- $3,000 for the first day of the recount and $2,000 every subsequent day -- that must be paid by the party demanding the examination. This money is returned, however, if the recount proves the election went the wrong way. "We're looking into our options," said Coutee. "We just want to make sure every vote is counted." - --- MAP posted-by: Larry Seguin