Siegelman Asks For Statewide Recount In Governor's Election (Alabama)

Mobilr Register ^ | 11-08-2002 | Sean Reilly/Jeff Amy

[blam]

Siegelman asks for statewide recount in governor's election

11/08/02

By SEAN REILLY and JEFF AMY
Staff Reporters

MONTGOMERY -- Democratic Gov. Don Siegelman, trailing by some 3,200 votes after Tuesday's election, asked Thursday for a recount of every ballot cast in the state.

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The request brought a harsh denunciation from a lawyer for Republican challenger Bob Riley of Ashland, but a spokesman stopped short of saying that legal action was planned.

In an increasingly charged standoff with no Alabama precedent in recent memory, the two men are deadlocked over who won.

While Riley has claimed victory on the basis of unofficial returns, Siegelman alleges that shenanigans by Baldwin County election officials cost him enough votes to tip the election.

"I cannot imagine a more fair way to resolve this situation," Siegelman said at a 6 p.m. news conference in his Capitol suite to announce the recount request. "... I will abide by the results, win or lose."

In 12 states, Siegelman said, the tiny difference in vote totals would have already triggered an automatic recount. Because of what he called "questions and concerns" raised in Baldwin County, Siegelman wants a hand recount there.

In a late-night response, Matt Lembke, a Birmingham lawyer working for the Riley side, questioned the legality of a recount and charged that it would open a "Pandora's box."

"What Don Siegelman wants now is to get his hands on the ballots," Lembke told reporters at a Birmingham-area office. Riley "cannot stand by and let this unwarranted and dangerous recount occur."

Lembke did not take questions and Riley spokesman David Azbell declined to say afterward whether the three-term congressman will go to court to stop the recount.

"We have to see where this goes," he said.

The latest unofficial returns show Riley with 670,913 votes, compared to 667,718 for Siegelman and 23,242 for Libertarian John Sophocleus of Auburn.

The recount bid appeared to be one front in a coordinated Democratic drive to uncover uncounted votes and other irregularities. Also on Thursday, state party leaders Marsha Folsom and Redding Pitt asked county activists to pass on any reports of would-be voters being turned away from the polls, denial of absentee ballots or other problems.

"This is a time-sensitive issue," the two wrote in a memo. "We need to hear from you no later than 10:00 Friday morning."

At the Alabama Democratic Conference, the party's black wing, state Field Director Jerome Gray said the organization is looking for potential violations of federal voting rights law that could be grist for a lawsuit. While some reports have already been received, Gray said, he declined to specify how many or in what counties they allegedly occurred. No decision has been made on whether to go to court, he said.

At a minimum, Siegelman's recount request means that a resolution to the impasse is still several days away, and possibly much longer. Carl Grafton, a political scientist at Auburn University Montgomery , agreed that Republicans should stay on the lookout for fraud, but said the governor is well within his rights to seek a second count of all ballots.

"The possibility of human and machine error in a margin this thin make it eminently justifiable," he said.

A statewide gubernatorial recount appears to be a first for Alabama. Under the law, however, Siegelman or his supporters must petition each individual county canvassing board to conduct a recount no later than 48 hours after it certifies the accuracy local election returns. Although the certification deadline for all counties falls at noon today, some local boards have already signed off on Tuesday's results, meaning that the Siegelman forces will have to move quickly in those cases.

The Baldwin County board, for example, certified its results at about 10:30 a.m. Wednesday, so the deadline for a recount petition will be at the same time today. The Siegelman camp will also have to post bond to cover the procedure's cost as estimated by each county canvassing board. Recounts could cost $2,000 to $5,000 in each county, according to state officials,

meaning bonds statewide could cost up to $350,000. Joe Espy, a Montgomery lawyer leading the Siegelman campaign's legal team, stressed state rules that say county canvassing boards must charge the lowest possible price.

"It must be at a minimum cost to the candidate who requests it," Espy said.

Espy said the campaign or the party planned to recruit a registered voter in each of Alabama's 67 counties, and to serve papers requesting a recount in every county by 9 a.m. today. If county officials do not accept the papers because they have not yet certified the election, Democrats will re-serve them later.

Espy could not say how long it would take for all recounts to be completed. He expected the counts would take a few days to organize, especially because candidates must receive 24 hours notice. He also said counties with small numbers of votes might move more quickly than large urban counties. But he denied that the process could drag out, as happened in the 2000 presidential contest in Florida.

What would happen if a recount in fact showed Siegelman the winner is unclear.

Although the law requires the Legislature to decide statewide election contests,both Espy and campaign spokesman Rip Andrews said the governor would not take that route.

Only hours before Siegelman announced his recount request, one prominent Democrat was wondering whether the governor ought to pack it in.

"Unless he knows something I don't, I would say it's time to go to the house ," said state Rep. Jack Venable, D-Tallassee, a top lieutenant to House Speaker Seth Hammett, D-Andalusia. "I don't know where you would find those 3,000 votes."

Venable could not be reached for follow-up comment later.

Despite Siegelman's hope for a hand recount in Baldwin County, both Probate Judge Adrian Johns and a lawyer for the secretary of state saw no such requirement under the state's electronic voting regulations.

"A Circuit Court could demand it, but it's not called for," Johns said. He said he couldn't speculate about how long a hand recount would take, if one were ordered.

Espy, however, argued that a manual recount was warranted under state regulations that say ballots may be counted by hand if machines malfunction. He hoped Baldwin officials would not resist.

"I would think that those folks in Baldwin County would want to leave no doubt in the minds of the people of this state what the actual vote is," Espy said.

On Tuesday night, Johns' office initially reported that Siegelman received 19,070 votes from the strongly Republican county, but then -- citing a computer software glitch -- amended that total to 12,736.

The Birmingham-based general manager of Election Systems & Software Inc., which supplies voting equipment throughout Alabama, said Etowah and Madison counties experienced similar snafus but quickly caught them. Siegelman, however, contends that someone may have tweaked the Baldwin results after midnight when poll workers had gone home.

While questioning the actions of GOP officials, Andrews rejected the notion that a recount might be an invitation to fraud by officials in predominantly Democratic counties. "I can't imagine with this attention being given to this whole thing that there won't be fair and accurate recounts."

In Mobile County, which uses computerized voting machines, a recount could be done in several different ways, said Probate Judge Don Davis. The first method is the same one used on Election Day: cartridges are inserted into a reader and the votes tallied on a computer. Paper printouts from each machine can be tallied by hand.

[San Jacinto]

"... I will abide by the results, win or lose."

You done lost, Bozo. Now start packing.

In 12 states, Siegelman said, the tiny difference in vote totals would have already triggered an automatic recount

Or, stated otherwise, "In 38 states (including Alabama) no recount is required with this large a margin."

[Axolotl]

Correct me if I'm wrong, but isn't this guy asking for a recount because of a South Dakota like situation? A late reporting heavily Republican County put the pubbie over the top. Now in South Dakota, the county in question has been implicated in prior irregularities, and that is significant. But it seems to me that you can't get all over the Dem for wanting what so many people on this forum want in S.D.

I also think it is reasonable that Thune might want concede. A battle over this election could hurt him in future elections (like Gore), and a challenge is by no means guaranteed to succeed. This isn't his one shot...he has a long political career ahead of him. If Thune decides that the best way to foster his career is to fight another day, then we shouldn't second guess him.

[Quilla]

I too wish Siegelman would pack it in. His gore-ish behavior shows absolutely no respect for the State of Alabama. The fact that he has served as our governor is embarrassing enough and this recount business places Alabama in an unfavorable national spotlight. If anyone plans to freep the creep, count me in!

[goldstategop]

Let Don Siegeloserman get his recount wish. He'll just make the Democrats more vulnerable down the road. Like King Roy Barnes his main concern is keeping his power.

[Axolotl]

I totally agree...and that is why there is real risk for Thune in pressing the SD vote total beyond what is reasonable. Thune has not done that by any means, but I hope he is cautious...

[Quilla]

Questionable South Dakota voter registrations are under investigation for fraud. Alabama's Baldwin County vote count was at one point misreported, compiling votes for candidates surpassing total ballots cast for the county. The correct, certified count (with Riley winning) equals these totals. IMHO, you're comparing apples to oranges.

[Axolotl]

Yes, I know the situations are very different...I didn't mean to equate the too so closely. But they have similar political risks for the candidate who is challenging...which is why it is not a no-brainer for Thune to go hard after the fraud issue - he has a future to look after.

[twyn1]

Check out post # 34 on this thread for a better explanation of the count total and how the higher number cannot be correct

Ths SD case is much different...there have been numerous threads here on what went on there...absentee fraud (dead folks requesting absentee, requests all signed by the same person, Dem. payment for each new absentee recruited) already being looked at in Shannon Co., late returns in 3 districts that show 8 or 9 to 1 votes in favor of Johnson, with just enough votes to put him over the top, 100% voter registration in some districts, double (and more) the amount of absentee ballots being cast (explained by an agressive Democratic "get out the vote" campaign, but absentees are always easier to "fake"), Daschle's "people" giving out coats and other presents on the Indian reservations, etc.

[Axolotl]

Thanks for the info. It does appear that I have oversimplified the situation in comparing the two races.

Nevertheless, Thune does take some risk to his political future in mounting an aggressive challenge. Some people on this board discount that risk.

[TankerKC]

Yep. Singleterm is just adding to the Democrat's reputation for being whiners.

[commish]

I am going to search for the soundbites .. but Siegelman is so two faced it is pitiful.

Tuesday night when he was claiming victory in his already ionfamous "HOW SWEET IT IS" speech - Siegelman said "I know this race was close and only 3000 votes, but for the sake of Alabama I hope Bob Riley does the honerable thing and does not drag Alabama through the mud of a recount."

COmpare that to ysaterday "The difference is only 3000 votes and we owe it to the people of Alabama to know the true outcome. I hope Bob Riley does not stand in the way of a full recount"

[blam]

"If anyone plans to freep the creep, count me in!"

Me too!! Let me know if anything gets organized.

[commish]

Here is a photo of the "Offending" printout from Baldwin County Alabama. Notice it has Seigelman at 19070 votes

Now look at the top line - TOTAL BALLOTS CAST - 45,032

OK let's do some math - first from the printout
Seigelman 19,070
Sophocleus 937
Riley 31,052
Writin 119
Over 0
under 188

Giving us a total of 51,366 -- IMPOSSIBLE when total BALLOTS CAST is 45,032

Now Lets see what we get when we put in 12736 for Seigelman
Seigelman 12,736
Sophocleus 937
Riley 31,052
Writin 119
Over 0
under 188

GRAND TOTAL - 45,032 TOTAL BALLOTS CAST - 45,032

PROOF POSITIVE that all this was was a TABULATION ERROR on one printout.

YOU LOST DONE SINGLETERM!!!! GET OUT OF RILEY'S HOUSE!

[plain talk]

Dittos Post #10. There is no fraud allegation here or history of fraud etc. The only fraud that would occur is if dems get to 'find' votes not that they know how many they need. Also, when Siegelman thought he had won by only 3000 votes he was singing a different tune. He hoped Riley would not contest the election and put the state through it, etc The hypocrisy is stunning. Siegelman is a goron.

[commish]

THREAD TO ORGANIZE FREEP OF DONE SINGLETERM

[blam]

"The difference is only 3000 votes and we owe it to the people of Alabama to know the true outcome. I hope Bob Riley does not stand in the way of a full recount"

I heard that on the radio this morning too. Also, I heard it 'reported' that Bob Riley said it was illegal to do or call for a recount.(?)

[commish]

Seigelman can call for a recount. But he must request it COUNTY by COUNTY , and he must pay each county to do it. That is why he is ask Riley "TO join with me, so we can get a true count".

[twyn1]

I agree about the risk to Thune -- so far it seems he is handling this well, he will most likely accept the defeat graciously, and allow the FBI to finish the vote fraud investigation without his involvement. This could be the best thing to do in the long run, esp. considering that the Senate majority is "safe" for the Republicans right now.

From various posts I've read, SD voters are aware that there was plenty of 'funny business" going on, and they don't like it, but they also don't want to be turned into another "Flori-duh" or New Jersey. If Thune is gracious, and vote fraud is found, then it will be up to the Senate to rectify the situation...Thune is young, and hopefully patient...the voters will remember how he handles this -- hmmm.... when is Daschle up for re-election ???