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Attorneys for the San Francisco Elections Commission said Wednesday they will ask an appellate court to block the reinstatement of fired Elections Director Tammy Haygood. San Francisco Superior Court Judge James McBride ordered Haygood back to work late Tuesday, saying the city’s Civil Service Commission act to reinstate her was “consistent with relevant law.” McBride’s one-paragraph order did not explain further and simply denied the writ request to block Haygood’s return. Haygood’s attorney, Vernon Grigg III, called the ruling “a big win for us � the law supports what the Civil Service Commission did.” “Having lost in every forum they’ve been in, it would be my hope that the Elections Commission would get to minding the upcoming election and abandon its political vendetta,” Grigg said. The elections panel fired Haygood April 22 without giving a reason, although commissioners were concerned that she had overspent her March election budget by $5.6 million. Elections Commission attorney Jerome Falk Jr. said he will ask the First District Court of Appeal today to stay McBride’s back-to-work order until he can file an appeal and get a hearing on the merits of the case. “I think it’s better not to comment,” said Falk of Howard, Rice, Nemerovski, Canady, Falk & Rabkin, when asked what he thought of McBride’s order. But Elections Commission President Michael Mendelson said, “Judge McBride’s opinion will not stand next to Marbury v. Madison as a great piece of judicial literature.” He suggested the commission may try to build a case against Haygood and fire her for cause. “For example, she bought $1 million in ballots she didn’t need, and there might be other issues the commission would take a close look at,” Mendelson said.

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