ryan candidate mike hutchinson is taking action to win his election.wsuit to get a judge to overturn the already certified election results and declare him the winner over other candidate, nick resnick. >> we have filed in alameda county superior court requesting a judge throughout the incorrect certification and certify the correct election results, which would make me the winner. ryan: the already certified votes show resnick as the winner. the registrar said before new year's eve the rank-choice voting was not configured properly. we reached out to their office for further comment and not heard back. hutchinson says based on the correct results, he is the winner. >> we voted to use rank-choice voting. the city has laid out the process and formula that is supposed to be used to calculate that. and that is now what has been corrected to produce these results. ryan: there is a sense of urgency coming from hutchinson and his legal team. on monday, oakland is set to inaugurate duly elected officials which, as of right now, is set to be resnick. in a stat

mike hutchinson is claiming victory even though nick resnick is just days away from being sworn intohat the next steps will be for both sides. >> oakland school board candidate mike hutchinson is now taking action to win his election. this week he filed a lawsuit to overturn the already certified results to declare him the winner over resnick. >> we have filed in alameda county superior court asking that a judge throw out the incorrect certification and certified the correct results which would make me the winner of oakland school district board. >> the already certified show resnick as the but it was not calibrated for rank-choice voting. hutchinson says that he is the winter. >> we voted to use rank-choice voting, the city laid out the process and formula that supposed to be used to represent that. and that needs to be corrected to these results. >> on oakland -- on monday oakland is said to says on his website that we questioned the legitimacy of the revised registrar. if there was mystics the first time there is also the change -- chance that there is the second time. this was in

the board president mike hutchinson says they've got the money to keep the schools opened. >> the last thing i'll ever do is bankrupt the school district that i love. our financial health is sound. this is why we are moving forward in these decisions. >> he blames years of financial mismanagement for previous budget shortfalls. the state took it over after they ran out of money 20 years ago. the district is hoping to be financially stable. they hope to stay disciplined and healthy. >> i call the micro schools. they are micro schools. >> sam davis voted to keep the school closures he said short-term pain leads to long-term gain. 77 schools serving about 34,000 students in comparison. they've got 41 schools and closed at 33,000 students. san jose unified has 41 schools serving 30,000 students. stockton has 54 schools serving about 36,000 students. >> it's apples and oranges we don't have a problem with being able to fund our school district. >> when you've got 77 schools you divide the pie up into 77 slices and each school is getting a smaller slice. >> they believe keeping the school op

director mike hutchinson had tears of joy. >> not only do we have control back of our school district, but we've been able to bring all of the community together and reject this policy of school closures. >> i feel really happy and emotional that everybody supported us and all the parents and teachers that supported us throughout the whole entire year or months. if you support us today, thank you so much. >> these are the schools that will now remain open or unchanged -- brookfield, munck and grass valley along with korematsu discovery academy, horace mann elementary and hillcrest k-8 which will no longer lose its middle school grades. this does not impact the two schools which closed last year. community day school and parker k-8. that's the campus parents occupied to make their point. we will continue following what all of this means for the schools and the community. kris sanchez, nbc bay area news. >> thank you so much, kris. >>> still ahead, big name. saying good-bye, from oakland to las vegas, what's next for derek carr and his messa for his gefa >>> trending today, one of the b

the county originally said mike hutchinson came in third in the race. now the registrar admits there was an error and hutchinson says he's been told he actually won. >> the registrar called them the corrected results. so i don't think there's any question about that. and i don't think we as a community should be in the position where we have to accept results that we know are incorrect. >> reporter: the registrar claims a misconfigured algorithm suspended 235 ballots that, if counted, would make hutchinson the winner. but with the election already certified, it will take a judge order to change the results. >> this is not a problem with our elections in oakland. this was a human technical error that has been corrected, and hopefully we can come together to support these results. >> reporter: while it could take weeks to reverse the contested results, hutchinson's supporters hope his opponent and current winner nick resnick concedes. >> and there's into ambiguity about the interpretation of people's votes who only voted a 2 and a 3. it's written into the

on wednesday, mike hutchinson was selected instead.hutchinson has been a vocal opponent of this cool closure plan which the new board promptly reversed. coming up at 6:00 we will hear from parents who learned their children's school has been saved and why the issue was far from a settled deal. a live look at san francisco with a tribute in court. a injunction by the city from clearing encampments where it lacked sufficient shelter space. the coalition on homelessness says this has continued and two sides were in court yesterday. they say the judge expressed concerns over whether the city was truly complying with the order now figuring out their next steps. in san francisco today city leaders celebrated the opening of the health center. aimed at helping the un-housed. the health department says this facility will provide specialized care for a wide range of medical, psychological, and social needs for vulnerable adults. >> the partnership that exists between these entities to help people who are truly the most vulnerable in san francisc

nick resnick was named the winner, but there was an error in how the county counted ballots and mike hutchinsoned third, really should have won. the county has certified their results and only a judge can change the outcome. that move is now a possibility. according to the mercury news, an alameda county judge has order a reexam nation of the election results. if certain ballots are found to go his way, hutchinson could be declared the rightful winner by the judge. >>> the 49ers offseason officially suddenly got a lot more complicated. >> there will certainly be something for fans to follow. quarterback brock purdy's elbow, the faithful will tell you that purdy injured that elbow early in the nfc championship game in the loss to the eagles. yesterday the team learned that purdy may be out for six months. that injury is believed to be a torn ulnar collateral which is critical to our elbow functioning normally. >> it's a stabilizer of the elbow. if you look at this model, it's a span of tissue that runs on the inside part of the elbow. what it essentially does the prevent the elbow from gapping o

ryan: oakland school board candidate mike hutchinson is taking action to win his election.s week he filed a lawsuit to get the judge to overturn the already certified election results and declare himself the other winter over nick resnick. >> we have now filed county superior court, requesting a judge throw out the incorrect certification and certify the correct election results which would make me the winter. >> the already show resnick as the winner. before new year's eve, the rank-choice voting system was not configured properly. we reach out for further comment and have not heard back. hutchinson says based on the corrective results, he is the winter. >> we voted to use rank-choice voting. the city has laid out a process and formula that is supposed to be used to calculate that, and that is what has been corrected to produce these results. reporter: there is a sense of urgency coming from hutchinson and his legal team. on monday, oakland is set to and i great -- inaugurate newly elected officials. in a statement posted on his campaign website, resnick says, we question

tabulating the school board race, giving the win to nick resnick when it is possible the challenger mike hutchinson actually got more votes. seneca scott, who ran and lost in the mayor's race says it is essential that will on any side of the political's bactrim can trust that elections are not being stolen. >> not storming in the buildings, but we are passionate about the process. if not, we will have trouble some days ahead in america. >> in the end, the board voted unanimously to call for the recount. >> that's what we wanted. so i'm very, very happy. and i am hopeful that the board of supervisors will do the right thing. because this is the right thing to do. >> so far, it's a request because they are not sure if they can legally require a recount on the already certified election. now it is the lawyers who will be weighing in on the matter. >> john tells us ranked choice voting has been approved by voters in a number of cities including ♪ every search you make ♪ ♪ every click you take ♪ ♪ i'll be watching you ♪ - [narrator] the internet doesn't have to be so creepy, the duckduckgo app, lets you

> reporter: just days before a new oakland unified school board member is set to be sworn in, mike hutchinson, who came in third place in the certified vote count, says he should be the one taking office. hutchinson is asking a judge to take action after the registrar admitted an error was made in the final vote. >> it's not even a hard philosophical choice. we're presented with a choice now. do we want results we know are incorrect, or do we want to go through the process to make sure that everyone's vote is counted properly? $235 ballots that if counted would make hutchinson the winner. but with the election already certified it will take a judge order to change the result. >> this is not a problem with our elections in oakland. this was a human technical error that has now been corrected and hopefully we can again come together to support these results. >> reporter: while it could take weeks to reverse the contested results, hutchinson's supporters hope his opponent and current winner nick resnick, concedes. >> there's no ambiguity about the interpretation about the votes. it's actually wr

mike hutchinson is asking alameda court to declare him the winner. this comes after the register's office said there was an error and how it counted votes. hutchinson, originally placed third before the retaliate and him the winner. but his opponent, nick resnick, is refusing to concede. he believes the election was correct the first time. >> it is not even a hard, philosophical choice. we are presented with a choice now. do we want to accept results we know are incorrect, or do we want to go through the process to make sure that everyone's vote is counted properly? >> because the county already certified the election, only a judge can change the outcome. strike let's get back to her big story of the night and the weekend. it is our weather and what will come in the next 24 hours. jeff is back with us with a very green radar behind you. >> doppler radar, a lot of this is occurring in the upper levels of the atmosphere. it is not touching the ground just yet. it is the developing storm system that is on the way as we had to this weekend. we have been

mike hutchinson has followed -- has filed a lawsuit. >> we have now filed in alameda county superior, rick resting a judge throw out -- requesting a judge throw out an incorrect outco make me the winner. dion: hutchinson is claiming victory over nick resnick, even though nick is due to be sworn into office in just a few days. the alameda county registrar found a mistake in the election results, saying the rank-choice voting system was not configured properly. now hutchinson is asking a judge overturned the results which have already been certified and declare him the winner. larry: new significant of elements in walgreens' claim that shoplifting led to store closures last year. this is the video that has gone viral. now it appears there have been other reasons for the closures. according to cnbc, w chief financial officer said on earnings call the shoplifting claim might have been a little exaggerated, and they might have "cried too much." phil matier joining us live via zoom. phil, what does this mean? the whole premise for these closures, not only with walgreens, but with other bus

that incumbent mike hutchinson, the candidate who first showed finishing in 3rd place in the ranked choice voting system. it's a real victor. i really want to stress this is a correction of an error. >> and so i think a really good sign that our system is working and it only impacted a very small number of votes. he says an organization called fair vote didn't audit, which is how this all came to light. >> according to the registrar's office, the algorithm miss some ballots which didn't have a first choice selected just a second or 3rd. so they weren't counted when they instead should have been counted by reverting to the second choice to act as a first choice. now that the real winners revealed the trouble is the original results from the election. we're already certified. so under the current process, hutchinson will have to contest them before a judge before resnick is sworn in on january. 9th. roe v reps say that they are working with their vendor to provide safeguards so that this does not happen in future elections and assure that this was the only race and alameda county affected by

in alameda county, mike hutchinson is filing a lawsuit after the registrar found a mistake in the electionults and he is now claiming victory. nick resnick is days away from being sworn into office. ryan curry has more. ryan: oakland school board candidate mike hutchison is iled a lawsuit to get a judge to overturn the already certified election results and declare him the winner over other candidate nick resnick. >> we have now filed in alameda county superior court, requesting a judge throughout the incorrect certification and certify the correct election results, which would make me the winner of oakland school district. ryan: the results show resnick as the winner, but the registrar said before new years eve, that the voting system was not configured properly. we reached out to the registrar office for further comment and have not heard back. hutchinson says based on the corrected results, he is the winner. >> the city has laid out a process and formula that is supposed to be used for calculate that, and that is now corrected to produce these results. ryan: there is a sense of urgency

the director mike hutchinson who has been fighting the closures for years, literally had tears of joyhave control over our school district and we've been able to bring all of the community together and reject this policy of school closures. >> i'm really happy and emotional that everybody supported us and all the parents and teachers that supported us throughout the whole entire year or months, like, if you supported us, thank you so much. >> so the schools that will now remain open are brookfield, munck and grass valley, along with korematsu discovery, horace mann and hillcrest. this reversal does not impact those two schools which closed last year, community day school and parker k-8. that's the campus the parents occupied to make their point. we'll keep following what all of this means for the schools and the community. >> nice to hear from the kids there, too. thank you. >>> new developments out of san francisco in a late-night vote. police commissioners have approved the controversial plan to dial back so-called pretextual traffic stops, stops for things like driving without regi

the director mike hutchinson, who has been fighting against the closures for years, had tears of joy. >> not only do we have control back of our school district, but we've been able to bring all of the community together and reject this policy of school closures. >> i've been really happy and emotional that everybody supported us and all the parents and teachers that supported us throughout the whole entire year, or months, like, if you supported us, thank you so much. >> so these are the schools that will now remain open or unchanged. brookfield, munck, grass valley elementary, along with korematsu discovery, horace mann and hillcrest k-8 which will no longer close its middle school. the reversal does not impact the two schools that closed last year. community day school and parker k-8, that's the campus which the parents occupied to make their point. we'll keep following what this all means for the schools and the community throughout the day. >> thank you, kris. >>> happening today, contra costa leaders will debate new oversight in the wake of that incident at the martinez refinery

initially nick resnick was named the winner but there was an error and mike hutchinson really shoulde won. the county has certified the results and only a judge can change the outcome. the move is a possibility because an alameda county judge has order a partial re-examination of the election results. if certain ballots are found to go his way, hutchinson could be declared the rightful winner by a judge. >>> 5:46 right now. congress will vote as soon as today to end all pandemic spending, declaring the emergency over. >> and of course scott mcgrew, hundreds of americans die each day. >> is it over if it's over two airline crashes a day? the disease still a threat but congress feels there's no point in spending money like we did at the peak of the pandemic. congress is going to take the titled bill the pandemic is over act. now, hardly the first time someone in congress has tried to say that it's all over. the senate passed a bill as far back as november of last year. even president biden had to do some two-stepping to explain this statement on "60 minutes" last september. >> is the p

that's mike hutchinson, who learned last week he actually got the most votes.he registrar's office says there was a tabulation error of rank choice balance. this was not a problem in counting the votes. this was a problem in the algorithm that was used to do the calculations. initially voters who didn't choose a first choice candidate but chose a 2nd and 3rd choice had their balance suspended from the first round of counting new calculations change the results and the winner when those ballots were added in, but the election has already been certified. hutchinson's opponent, nick resnick, is sent to be sworn in monday. i definitely want to serve the community that i believe voted me into office on november 8th resnick is gearing up for a legal battle. his lawyer sent a letter questioning how and why the registrar made the decision to retaliate the results. we have serious questions about how the registrar is interpretative a number of things. the county registrar did not respond to our information requests to better understand what happens next in this school b

this comes on the same night that mike hutchinson is sworn in as the new school board president presidento introduced the resolution to the fight to keep the schools open. started about a year ago, students, parents and teachers, they protested a satin and even occupied parker elementary for weeks to get board members to reverse their decision. the occupation led to a physical altercation with oakland unified school, district's security guards are taking a look at it right now. eventually parker elementary, it closed 2 staff members also went on a hunger strike and one of them ended up being hospitalized. students from one school walked out of class in solidarity against the plan. the decision to close schools was impacting dozens of families, especially those in black and hispanic communities. for months, students, parents and teachers, they all spoke out at school board meetings against the closures and last night they got what they wanted. 4 members voted not to move forward with the plan that would have closed several schools and eliminated some grade levels. take a look at your scree

that's mike hutchinson, who learned last week he actually got the most votes. the registrar's office says there was a tabulation error of rank choice balance. this was not a problem in counting the votes. this was a problem in the algorithm that was used to do the calculations . initially voters who didn't choose a first choice candidate but chose a 2nd and 3rd choice had their balance suspended from the first round of counting new calculations change the results and the winner when those ballots were added in, but the election has already been certified. hutchinson's opponent , nick resnick, is sent to be sworn in monday. i definitely want to serve the community that i believe voted me into office on november, 8th resnick is gearing up for a legal battle. his lawyer sent a letter questioning how and why the registrar made the decision to retaliate the results. we have serious questions about how the registrar is interpreted in a number of things. the county registrar did not respond to our information requests to better understand what happens next in this sch

this comes on the same night that mike hutchinson is sworn in as the new school board president.so the one who introduced this resolution. the fight to keep schools open started about a year ago, students, parents and teachers. they all spoke out at school board meetings against the plan. some even took matters into their own hands and protested and occupied parker elementary school. that was one of the schools that was set to close last year. and it did the decisions to close schools has impacted dozens of families, especially those in black and brown communities. but last night board members voted to not move forward with the plan that would have closed several schools. it also would have burned some other ones and got in some gotten rid of some grade levels. now. mike hutchison is now the school board. president. he says he is excited to think about the students who'll we learned today that their school will no longer close later this school year. now we have reached out to hutchison for comment and what the next plans are when it comes to enrollment. the darya james, we're st

so yeah, the decision comes on the same night that mike hutchinson was sworn in. >> as the new school board president, he advocated for the schools to stay open. and i spoke with the teachers union and they credit the voters for making it happen by supporting candidates that have been focused on education. >> so in tears, i'm there was a celebration last night. >> after months of public outcry, oakland, parents, students and teachers claimed victory. the oakland unified school district change course and decided to keep 5 schools open and one from being scaled down. people still relieved that schools are going to stay open. >> over the last year, many have fought against the board's decision to shut down several facilities. citing low enrollment. >> which has caused a added an occupied parker elementary for weeks. it led to a physical altercation with the district's security guards. 2 staff members went on a hunger strike where what ended up being hospitalized and students from one school also walked out of class in solidarity against the plan. but wednesday night the school board vote

asa hutchinson. mike pompeo.ly states and they're talking with the key people in these states and they're working to develop a grassroots. and they're also working to test the waters with regard to fund-raising numbers. and there's a big space out there for someone who has trump's policies without the tone and tenor. and that's the important thing. we need to look past just who's going to win the republican primary but who can actually win a general election. and that's what republicans are looking at. >> i thought it was very interesting, ron, that he doesn't appear to fear donald trump's wrath. and i'll just paraphrase it for nut interest of time. he said that donald trump came to new hampshire and frankly gave a very mundane speech. he stuck to his teleprompter. he stuck to his talking points. then he went away. he didn't bring that fire, that energy. and i think it was a little disappointing to some folks. and that's somebody who doesn't sound like he's afraid of blowback from donald trump. >> right. in fact,

mike pence, mike pompeo, nikki haley, asa hutchinson. there are a litany of people that will run for president if ron desantis challenges him. if nobody challenges donald trump, then he will win the nomination without any issues . so he is firing these warnings shots to say hey , this will become a bloodbath. stay out of my way. it's my turn still. i want this. wait for your turn. otherwise you're going to get bloodied. and we know if anybody is capable of blood eating, donald trump retired hillary clinton. that was quite an achievement . he also retired cnn, pretty much. so donald trump has retired more people than social security i think . so that's what trump is doing . now, do i like it? not really. will i enjoy it? number i live in florida. i just voted for ron desantis, my first vote ever was for governor ron desantis and i'll vote for ron desantis again. he is without any question the greatest governor in the country right now and it's not particularly close. he is the standout. he has led florida amazingly. now, i want to give, i

jeff bezos's parents, jackie and mike bezoza, they gave over $710 million to the fred hutchinson cancer we're drying out just a bit this morning, but more rain is on the way we have lined storm team coverage coming up. norman, bad news... i never graduated from med school. what? but the good news is... it's the xfinity hello 2023 sale! now hurry, and you can get xfinity internet for $19.99 a month plus, when you add xfinity mobile, you get the best price for 2 lines of unlimited. i gotta get this deal... and for a limited time, get 500 dollars back. i don't want to miss that! that's amazing doc. drop everything. get to the xfinity hello 2023 sale. -doc? click, call or visit a store today. areas drying out today after saturday's atmospheric river. we're going to show you the damage caused by that massive rainfall and keep in mind. we are only getting a break. there's more headed our way. we're going to talk about that coming up. also new pictures are coming in from across the bay area of damage. we're gonna take you inside one san francisco business that is still closed this morning beca

i agree with joe and the assessment and fire in the white house if it was mike mccurry in the '90s and knew joe and hutchinsonwe go along. i do think he came into office setting a higher standard aen the north star is the law and following the advance of the lawyers. >> and transparency. >> right. that's what i think is drivinging the public relations strategy is not always convenient to the legal advice you get. that's the north star for them and the president is following the law and that is going to drive unfortunately the pr but for the public and the press frustrated i understand. i think if you think back to '92 and james carville, a political hero is speed kills. get it out early and fast. i think they probably would like to but again the law and the legal advice is driving the communications here. >> these documents, classified, we don't know what the content is and why he potentially had them there. maybe he pulled them to work on the book and -- or misplaced, something to work on for the book. why doesn't the biden administration if it is something that's not sensitive anymore because we know that s

hutchinson testimony about meadows, he never tried to reign him in. you know that trump doesn't want to hear this. let's not bother raising it with him. mike the kind of first, and i'm having slightly ptsd hearing all of this again about the chaos of the first two years, but you compare the first two years that were chaotic and look at the second two years and more grave things happened in terms of the united states, kind of compare that for us. >> i think for kelly, the thing that spent as much time as he could around r trump to do that, would manage the staff and manage sort of the west wing operations and kelly would deal directly with trump, and in that process, kelly spends an extraordinary amount of time in 2017 and 2018 with trump, and he basically goes and goes until the relationship really falls apart. i mean, i think it was continuously falling apart, and kelly was just losing his patient and his ability to take the pain of working for trump and it falls apart in france when they go there for this world war i ceremony and memorial. it gets even worse around the time that john mccain dies and by the beginning of 2019, kelly is gon