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."