There’s going to be a recount.
Our previous coverage, eleven days ago:
Margaret Donnelly to ask for recount in Attorney General primary
Today I received the following via e-mail from Margaret Donnelly’s legal representatives:
Margaret Donnelly Officially Files Request for Recount in Attorney General Primary
Certification of Missouri Democratic Primary Results Means that Campaign Can Proceed with Formal Request of Recount
After receiving word that the Democratic primary results for the Missouri Attorney General race were certified late last week, Representative Margaret Donnelly (Dem.) has officially filed her formal request for a recount of the Democratic ballots. As Donnelly was second to Senator Chris Koster by a 0.2% margin, with a 780-vote differential out of more than 346,000 votes cast, this result is well within the margin necessary to qualify for a recount.
In accordance with the state statutes that provide guidance for this procedure, the Donnelly campaign has filed a petition with the state’s Supreme Court to consider all votes, including rejected absentee and provisional ballots, cast in the primary election. With this result representing the closest statewide race in Missouri history, each vote becomes all the more significant in an outcome where a mere one-vote swing in as few as 25% of the precincts in the state would result in a Donnelly victory.
Acting on the campaign’s behalf, Lathrop & Gage L.C. filed the official request for recount pursuant to Section 115.601, RSMo late on Friday, and on Monday afternoon filed its petition with the Missouri Supreme Court to consider all votes in the process, including rejected absentee and provisional ballots. Member Richard Rhyne of the firm’s Kansas City office has led the legal team in this matter – during the campaign he served as chair of the Donnelly for Attorney General Greater Kansas City-Area Steering Committee, and has handled election recount matters in his legal practice.
“We are following the procedure that the state has established, so at this point it is a legal proceeding,” Ms. Donnelly said. “We want to be sure that all voices are heard in this election, which is the common goal that we and the party both share….”
[emphasis added]
As of this writing the petition mentioned in the e-mail and reportedly filed with the Missouri Supreme Court (separate from the recount request filed with the Missouri Secretary of State) doesn’t show up in the case file system.
One of the elements in the recount, for optical scan and paper ballots, in reference to “over votes” and “under votes” is the “Uniform Counting Standards” in the Code of State Regulations (Chapter 15) (pdf). This applies to the actual recount and is separate from the issue(s) reportedly raised in the Missouri Supreme Court petition.
The Missouri Revised Statutes address the start (and other parts) of the recount process:
Missouri Revised Statutes
Chapter 115
Election Authorities and Conduct of Elections
Section 115.601August 28, 2007
Recount authorized when less than one percent difference in vote –recount, defined.
115.601. 1. Any contestant in a primary or other election contest who was defeated by less than one percent of the votes cast for the office and any contestant who received the second highest number of votes cast for that office if two or more are to be elected and who was defeated by less than one percent of the votes cast, or any person whose position on a question was defeated by less than one percent of the votes cast on the question, shall have the right to a recount of the votes cast for the office or on the question.
2. In cases where the candidate filed or the ballot question was originally filed with an election authority as defined in section 115.015, such recount shall be requested in accordance with the provisions of section 115.531 or 115.577 and conducted under the direction of the court or the commissioner representing the court trying the contest according to the provisions of this subchapter.
3. In cases where the candidate filed or the ballot question was originally filed with the secretary of state, the defeated candidate or the person whose position on a question was defeated by less than one percent of the votes cast on the question shall be allowed a recount pursuant to this section by filing with the secretary of state a request for a recount stating that the person or the person’s position on a question was defeated by less than one percent of the votes cast. Such request shall be filed not later than seven days after certification of the election. The secretary of state shall notify all concerned parties of the filing of the request for a recount. The secretary of state shall authorize the election authorities to conduct a recount pursuant to this section if the requesting party or his position on a question was defeated by less than one percent of the votes cast. The secretary of state shall conduct and certify the results of the recount as the official results in the election within twenty days of receipt of the aforementioned notice of recount.
4. Whenever a recount is requested pursuant to subsection 3 of this section, the secretary of state shall determine the number of persons necessary to assist with the recount and shall appoint such persons equally from lists submitted by the contestant and the opponent who received more votes or a person whose position on a question received more votes than the contestant’s position on that question. Each person appointed pursuant to this section shall be a disinterested person and a registered voter of the area in which the contested election was held. Each person so appointed shall take the oath prescribed for and receive the same pay as an election judge in the jurisdiction where the person is registered. After being sworn not to disclose any facts uncovered by the recount, except those which are contained in the report, the contestant and the opponent who received more votes or a person whose position on a question received more votes than the contestant’s position on that question shall be permitted to be present in person or represented by an attorney at the recount and to observe the recount. Each recount shall be completed under the supervision of the secretary of state with the assistance of the election authorities involved, and the persons appointed to assist with the recount shall perform such duties as the secretary of state directs. Upon completion of any duties prescribed by the secretary of state the persons appointed to assist with the recount shall make a written and signed report of their findings. The findings of the persons appointed to assist with the recount shall be prima facie evidence of the facts stated therein, but any person present at the examination of the votes may be a witness to contradict the findings. No one other than the secretary of state, the election authorities involved, the contestant and the other witnesses described in this subsection, their attorneys, and those specifically appointed by the secretary of state to assist with the recount shall be present during any recount conducted pursuant to this section.
5. For purposes of this section, “recount” means one additional counting of all votes counted for the office or on the question with respect to which the recount is requested.
[emphasis added]
The actually recount part of this will have to proceed quite quickly.