[no dems]

The last report I heard on one of the news channels (I don't remember which - I watched the all last night) said that the SD race was w/in the margin for a recount which is .25 of 1 percent. However, there was massive voter fraud on the part of the Dim-o-rats especially on the Native American Reservations. One Dim lady has already been arrested for forging signatures on absentee ballots. THE RUB IS: Per law, Thune can have the recount or he can sue based on the fraud investigations but he can't do both. I say he should sue for a federal investigation.

[VoiceOfBruck]

I agree, he should definitely sue for the investigation. Otherwise they'll just come up with the same fraudulent results.

[My2Cents]

No use recounting tainted votes. As much as I hate adopting the Gore strategy, the GOP should sue.

[TJC]

Thanks, I stayed up until 4:00 PST. I thought we had S.D. and was not too happy to hear the rays stole it.

[TJC]

rays=rats, I should not get my sub humans mixed up.

[Mr. Lucky]

This isn't my area of expertise, but state law cannot limit an individual's right to a federal remedy. If there is a federal cause of action for fraud in a US Senate election, (I don't know if there is, but would assume so), South Dakota law can't access to federal court to pursue that cause of action.

[Post Toasties]

If the recount is automatically triggered by the less than 0.25% difference, he effectively can have both it seems to me.

[alwaysconservative]

THE RUB IS: Per law, Thune can have the recount or he can sue based on the fraud investigations but he can't do both. I say he should sue for a federal investigation.

NO! By law, the recount is automatic because of the margins, so Thune doesn't have to ask for it. But even if he did ask for it (to be on the safe side), he does NOT waive any rights to prosecute for fraud if they find fraudulent ballots. These are two different, but not exclusive remedies. The feds have their own interests to protect and they have been all over this thing (quietly) since it appeared. Thune doesn't have to do anything except let it play out and wait to have his lead re-instated.

[handy]

THE RUB IS: Per law, Thune can have the recount or he can sue based on the fraud investigations but he can't do both. I say he should sue for a federal investigation.

I find the above very difficult to believe. I see no reason why an automatic recount would preclude the filing of a suit because of fraud. One has no relation to the other. The recount is simply to verify an accurate count, a suit alleging fraud is a whole different ballgame. I would like to see a link on this assertion.

[Saundra Duffy]

Thune should sue the crap out of them.