Recount ON in Romano race!

[crispini]

No link, just heard on the radio.

Guess the control of the House will hang fire for a few more weeks.

[sonias]

1. I wish him the best of luck

DMN 11/11/08
Democrat Bob Romano seeks recount after losing Texas House District 105 race
04:28 PM CST on Tuesday, November 11, 2008

By BRANDON FORMBY / The Dallas Morning News


Democrat Bob Romano said this afternoon he will ask for a recount in his bid to unseat Republican State Rep. Linda Harper-Brown – a race that came down to 20 votes in the incumbent’s favor among more than 40,000 ballots cast.

Ms. Harper-Brown held on in the razor-thin House District 105 race, when a Dallas County ballot board on Monday accepted 61 provisional ballots, despite Republican allegations of impropriety.

Her already tiny lead shrank -- from 34 to 20 votes -- after the provisional and overseas ballots were added to initial returns.

:kick: for Romano!


Sonia

[WolverineDG]

2. Good luck, crispy!

:hug:

dg

[sonias]

3. Romano seeks recount in 20-vote House race loss

AAS 11/20/08
ELECTIONS
Romano seeks recount in 20-vote House race loss
By Jeff Carlton
ASSOCIATED PRESS
Thursday, November 20, 2008

DALLAS — A Democrat who lost a state House seat to the Republican incumbent by 20 votes filed a request for a recount with the Texas Secretary of State's office on Wednesday, a state official said.

A win for Democrat Bob Romano could threaten the re-election of Republican House Speaker Tom Craddick by giving Republicans and Democrats an equal number of House members, with 75 apiece.

Republicans currently hold a 76-74 majority.

(snip)

"When you get into 41,000 votes — and a big chunk are on paper ballots, a big chunk are on scanners and a big chunk are electronic — the chances of having a 20-vote change are pretty significant," Wood said. (Austin attorney Buck Wood)

:wow:

I didn't know a big chunk of the votes are paper ballots. Should prove interesting. Best of luck to Bob Romano!

Sonia

[crispini]

4. I think Wood is a little confused.

The paper ballots are scanned in on election day, so the "chunk" on paper and the "chunk" on scanners are the same chunk. :) The chunk on electronic are early voting.

[sonias]

5. But like in MN the paper ballots can be inspected by humans

Scanners can make mistakes i.e. not read valid ballots because the mark is slightly off the oval. So under Texas law the voter intent has to be taken into consideration. Let's hope for some obvious voter intent for Bob Romano that the scanners didn't register on election night.


Sonia

[crispini]

6. Exactly. Some "X"s and whatnot. Wouldn't take very many! :) nt

[sonias]

7. Democrats ask Judge to Ensure a Fair Recount

Lone Star Project

[phone] - Fax [phone]
November 21, 2008
Contact: Matt Angle
On the web at www.LoneStarProject.net

Breaking News: Democrats ask Judge to Ensure a Fair Recount
Republican Secretary of State Attempting Partisan Power Play

Today Texas Democrats asked a Dallas District Judge to require recount officials to follow state law and ensure every valid vote in the House District 105 (Irving) election is counted. (For text of lawsuit and further details check the Lone Star Project website this weekend.) This action was required after Secretary of State Hope Andrade sent a memo, with obvious partisan intent, directing Dallas Election Officials to disregard state law requiring straight ticket ballots to be counted in all races where a candidate of another party is not selected.

Pending the recount, incumbent Republican Linda Harper-Brown is just 20 votes ahead of the Democrat Bob Romano in the HD105 tally. Republicans are worried that 20 vote lead will evaporate if all the legal ballots are counted. Harper-Brown is a staunch ally of embattled Speaker Tom Craddick, whose grip on the Speaker’s post is tenuous regardless of the outcome in HD105. However, Harper-Brown’s race is the only thing keeping the Texas House from being evenly divided with 75 Democrats and 75 Republicans. Read more about Harper-Brown’s harsh partisan past here.

Secretary of State Does Partisan Flip Flop on Ballot Counting Instructions
In a memo dated October 31, 2008, Ann McGeehan, Director of Elections in the Secretary of State’s office, directed County Clerks/Elections Administrators to count so-called "emphasis votes" involving straight party votes properly under state law, stating:

"An individual vote for a candidate in the same column as a straight-party mark is regarded as an "emphasis" vote and does not invalidate the straight-party mark. If the only individual votes are emphasis votes, the vote is tallied the same as a straight-party vote without regard to the emphasis votes."

However, in a blatantly partisan memo sent to the Dallas County Elections Administrator Bruce Sherbet on November 20, 2008, Ms. McGeehan offered a different opinion in direct contradiction to her October 31 instructions. The HD105 recount committee was instructed to interpret "emphasis votes" as an attempt by the voter to intentionally "deselect" the candidate of the same party for whom both a straight party vote and an individual vote was cast, meaning straight party votes would not count for those individual candidates. Ms. McGeehan attempted to justify her reversal by using a case involving the way electronic voting machines function, instead of simply following the law to ascertain the voter’s intent and properly count all ballots.

Democrats insisting on fairness
Democrats are only asking for a fair election and recount, conducted under existing state law, to make sure valid votes are counted and invalid votes are not, but Republicans are obviously focused on protecting Harper-Brown at any cost.

There is no assurance that even if a proper recount is conducted that Democrat Bob Romano will prevail. However, win or lose, Democrats believe that every valid vote must be counted and state law must be followed as written, not as interpreted by partisan election officials.

This is a press release so I've put the whole thing up. I can not believe that the SOS would send out a memo instructing the County Election Officials to break the law and not count votes. Simply unbelievable! :grr:

Hope the judge rules correctly on this one and makes sure the county follow the election code law.

Sonia

[sonias]

8. Judge says he has no jurisdiction in Texas House 105 recount

http://www.dallasnews.com/sharedcontent/dws/news/politics/state/stories/112608dnmethouse105.9115aa.html">DMN 11/25/08
Judge says he has no jurisdiction in Texas House 105 recount

State District Judge Jim Jordan on Tuesday said legal questions over how best to conduct a recount in the House District 105 race should be addressed. But, he said, his court wasn’t the correct venue for it.

"I was looking forward to this case," Judge Jordan said in ruling that only an appellate or the state Supreme Court has jurisdiction. "It has some interesting issues I would have enjoyed working with. And it has issues that need dealing with."

Judge Jordan issued his jurisdictional ruling after hearing all the evidence and testimony in the case that centers around two hot-button election issues — straight-party voting and electronic voting machines.

Democratic Party attorneys, who filed the suit Friday, said they had not decided whether they would appeal the ruling.

Unless another court gets involved, Dallas County elections officials will begin the recount on Monday 12/1 in the District 105 race using the most recent instructions issued directly to them by the Texas Secretary of State’s Office. Those say that deselected or emphasis votes from electronic machines should not be counted.

Well that doesn't bode well for our side. The Republican controlled Texas Supreme court will never rule against the Republican SOS, or these damned machines. :grr:

Sonia

[crispini]

9. Sneak preview -- another lawsuit will be filed tomorrow. Court TBD.

Ain't nobody letting this one go. :hi:

[sonias]

10. Update from inside the Dallas County recount

AAS 12/02/08
Update from inside the Dallas County recount

By Laylan Copelin | Tuesday, December 2, 2008, 08:51 AM

Austin lawyer Buck Wood is witnessing the recount in the Irving House seat on behalf of Democrat Bob Romano, who trails Rep. Linda Harper-Brown by 20 votes.

Although the recount is going slowly, Wood said this morning that he expects it to be completed in a couple of days.

More important, Wood said both sides can determine how many so-called “emphasis” votes there are. The Democrats should know by the end of the recount if they have a chance to overtake Harper-Brown as they contest in court how those votes should be counted.

At issue is how the electronic machines count straight-ticket ballots in which the voter also voted for an individual.

:popcorn:

Sonia

[sonias]

11. Dallas County hires lawyers to fight House 105 recount suit

DMN 12/02/08
Dallas County hires lawyers to fight House 105 recount suit


Dallas County commissioners voted this afternoon to hire a Dallas law firm to defend the county against a federal voting rights lawsuit filed by the Texas Democratic Party over the Texas House District 105 recount.

Commissioners discussed the matter for 30 minutes in an emergency closed session before authorizing the district attorney’s civil division to hire the Munck Carter firm, which has experience in election law.

(snip)
Commissioner John Wiley Price said after the vote that he wants the question on how votes are to be counted to be settled.

"I hope it’s in someone’s legislative package to get this matter rectified once and for all," he said.

No shit!

Sonia

[crispini]

12. Recount is over, Romano down by 19, lawsuit still not done yet.

Republican State Rep. Linda Harper-Brown maintained her victory in the tight House District 105 race after elections officials completed a recount late Friday.

But whether Republicans maintain a one-seat edge in the state House when members vote on a House speaker could hinge on what happens with a federal voting rights lawsuit that Democrats filed this week.

More...

http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/120608dnmetrecount.33527bd6.html

[sonias]

13. Well as long as those stupid paperless voting machines decide

We're stuck up shit creek with out a paddle. I better see some movement in the Texas Legislature to ban these damn paperless DREs. And I don't just mean filing a bill. One of those damn bills better make it out of committee for a floor vote. :grr:


Sonia

[crispini]

14. I heard there was some kind of election reform coalition meeting this weekend.

Were you in it? I know a friend of mine from up here attended. I'll get the update from her. I should put you two together, she is very interested in clean elections and has a good group up here.

[sonias]

15. Nope wasn't involved but it could have a different meaning

Clean Elections also means Campaign Finance Reform i.e. publicly funded elections.

Sonia