BERNSTEIN'S NAME REMOVED FROM BALLOT.

Byline: Patrick McGreevy Daily News Staff Writer

An angry legal dispute erupted Monday over the Los Angeles City Clerk's decision to remove charter reform commission candidate Helen Bernstein's name from today's ballot after her death last week.

Bernstein, one of the best funded candidates for the commission from the 4th Council District, was hit and killed by a car Thursday as she crossed the street on her way to a candidates' forum.

City Clerk Mike Carey says city law requires him to have her name removed by precinct workers who can cover it with tape at each polling place.

Carey said he was bolstered by the opinion of Assistant City Attorney Tony Alperin, who expressed confidence that city law requires Bernstein's name to be removed from the ballot.

Neither does state law provide for keeping the name of a deceased charter reform candidate on the ballot, he said.

``Doing it in this way gives voters the greatest choice in deciding who serves on the commission,'' said Alperin, who noted that otherwise people who voted for Bernstein would have no say in who is elected.

The charter reform issue has been highly politicized with Mayor Richard Riordan, the city employee unions and two coalitions of homeowner groups, one from the San Fernando Valley, endorsing slates of candidates from among the 52 who qualified for the ballot.

At least three other 4th District charter candidates said Monday in attorney's letters to Carey that the name must be left on according to state law, which governs charter reform elections.

The candidates said they are concerned that with Bernstein off the ballot, the advantage would go to candidate Charley Mims who was endorsed by Council President John Ferraro and the city employee unions. He was financially backed by the unions.

``It's really an attempt to give Charley Mims a win outright,'' said candidate and attorney James Regan, who charged that a ``City Hall cabal'' including Carey was behind the move to remove Bernstein's name.

Mims and Bernstein spent by far the most money in the race, so if both are on the ballot a runoff could result. Regan charged that if Bernstein is removed from the ballot, Mims may win the election outright with a majority of the vote.

He said he may file a lawsuit to void the election results if Mims wins outright based on Carey's decision.

Bernstein, who had Riordan's endorsement, was considered one of the leading contenders. If her name remained on the ballot and she received a majority of votes, Riordan, as mayor, would have the authority to appoint a replacement.

Riordan also believes Bernstein's name should be left on the ballot, said representative Rick Taylor, a political consultant.

``This is a woman who lost her life campaigning for this job, and it's kind of a slap at her memory to take her off the ballot,'' Taylor said.

One source close to Riordan said the mayor and his supporters are concerned about the union-backed Mims being elected.

However, other city officials voiced outrage that anyone would try to use Bernstein's death to affect the outcome of the election.

``I'm really shocked,'' said Councilwoman Jackie Goldberg. ``Why wouldn't people let Helen rest in peace. The last thing she would want is for her death to be part of a political act.''

City Clerk Mike Carey said Monday that he is standing by his decision. Carey, who has served as acting clerk, was appointed recently by Riordan to fill the job permanently but faces a confirmation hearing today in City Council.

Attorney Chip Nielson wrote to Carey on behalf of Regan and candidate Tony Lucente, notifying him that charter reform elections are governed by state law, which requires the name of deceased candidates to remain on the ballot unless the death occurs 68 days before the election.

Attorney Bill Weinberger, another 4th District candidate who challenged Carey's decision, said state law provides that if no candidate then receives a majority of the vote, the top two vote-getters - not including the deceased candidate - face in a runoff.

Ferraro said Carey's decision is ``entirely appropriate.''

Weinberger and Lucente said they just want Carey to follow the law.

Mims said he believes Bernstein's name should be left on the ballot out of respect, but he said any move to let Riordan fill the position would be ``undemocratic.''