Ballot Recount Begins in District 28 Texas Congressional Race

Laredo, TX, Morning Times ^ | 05-07-04 | Almada, Laurel

[Theodore R.]

Ballot recount begins in District 28 race

BY LAUREL ALMADA Times staff writer

The results of the U.S. Congressional District 28 recount are expected to be in later today, after the court appointed committee counting the ballots completes the process.

The second recount began Thursday morning at the Webb County Justice Center's central jury room.

"It's been going well," Henry Cuellar spokesman T.J. Connolly said Thursday evening. "The people in charge did a commendable job of organizing."

U.S. Rep. Ciro Rodriguez spokesperson John Puder shared a different opinion.

"It's gone very slow," he said, adding that he believes the process is taking longer due to separating the ballots into precincts and the committee's "wanting to make sure they got it right this time. It's important to get an accurate count."

The first day of counting wrapped up at about 6 p.m.

It was initiated by Rodriguez, who was declared the winner of the March 9 primary election by garnering 145 more votes than opponent Cuellar garnered.

Cuellar requested a recount and was subsequently declared the winner after picking up a 203-vote lead overall - primarily due to changes in the Webb and Zapata counties results, where Cuellar picked up 414 new votes.

Visiting State District Judge Joseph Hart was appointed to hear the election contest case. He ruled followed a Tuesday hearing there should be another recount of the Webb County ballots as well an inspection of both Webb and Zapata county ballots.

He ordered the recount be completed quickly, as the results will be presented during the trial slated for May 11.

"We anticipate it being done by mid-day," Connolly said.

Despite the contentious race, he said, "it seems that everyone is getting along well and working very hard."

All but those entitled to be present during the recount of the Webb County ballots are banned from the counting room.

The Recount Committee is composed of eight teams of three members, who are presided over by appointed recount chair, Armando Lopez.

Also allowed entry into the counting room are eight poll watchers for each candidate (16 total), the candidates themselves and their attorneys.

Cuellar attended Thursday's proceedings, but Rodriguez was unable to attend as he is currently in Washington D.C.

Representatives of the Webb County District Attorney's office, as well as several of the office's investigators, were also present.

Connolly said Thursday the Cuellar camp "remains very confident that at the end of the recount Cuellar will still enjoy a big lead (over Rodriguez)."

He said he expected Cuellar would prevail as well following the trial beginning Tuesday, and that Cuellar would "get on the campaign trail working on a November victory."

While Cuellar supporters may believe they are well on their way to the general elections, Puder said Thursday he believes the recount represents "one of several steps we have ahead of us."

He said the inspection of the ballots in Webb and Zapata counties would also be important, as well as the Fourth Court of Appeals ruling on whether or not specific claims of illegal voting will be allowed into evidence.

During Tuesday's hearing before Judge Hart, the judge did not allow pleadings urged in Rodriguez's amended election contest petition to be admitted during trial.

The added claims include one alleging "in excess of 100" people voting illegally in Webb County.

Puder said Thursday that the higher court would not rule on the appeal until after the trial in Webb County concludes. It will then be up to the Fourth Court of Appeals to decide if it will remand the case back to the trial court for another trial in which Rodriguez would be allowed to include evidence regarding the amended pleadings.

(Times staff writer Laurel Almada can be reached at 728-2564 or e-mailed at laurel@lmtonline.com.)

05/07/04

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[Theodore R.]

Apparently everything is breaking like clockwork for a Cueller congressional victory.

[SwinneySwitch]

"in excess of 100" people voting illegally in Webb County.

Should be "in excess of 100" DEMOCRATS voting illegally in Webb County.

[Theodore R.]

Yes indeed, these are people who after all "believe in democracy" or "the democratic process," as it is often called.

[Theodore R.]

Columnist Robert D.S. Novak has surveyed all the TX congressional seats, and he says that the "white Democrats" may be reduced to only two of the 32 House seats come November: popular liberals Lloyd Doggett and Gene Green. He thinks Randy Neugebauer (R) will defeat Charles Stenholm (D)in the Abilene-Lubbock district. However, because a considerable part of that new district is not now represented by either Stenhom or Neugebauer, calling that race is risky. Wouldn't it be odd if "Republican" Lubbock wound up the year with a Democrat congressman? Novak thinks Chet Edwards will lose his seat on the basis that Republican Brazos County would probably support the Republican nominee Arlene Wohlgemuth (Sp?).

[Theodore R.]

After the Webb Co. recount was completed at 7 p.m. Friday, Cuellar still clung to a 58-vote lead, declared himself again the Democrat nominee, and said he looks forward to his general election matchup with Republican Jim Hopson of Seguin. Robert D.S. Novak said that Hopson has "no chance" against either Cuellar or Rodriguez in this heavily Democrat district.

[Theodore R.]

Ciro Rodriguez intends to pursue his challenge in the Court of Appeals after Judge Hart formally sides with the Cuellar forces on Tuesday.

[Theodore R.]

Cuellar down but not out for the count

BY TRICIA CORTEZ
Times staff writer

Congressional candidate Henry Cuellar of Laredo lost 147 votes Friday in a re-recount of Webb County ballots, but kept a slim lead over incumbent U.S. Rep Ciro Rodriguez, D-San Antonio.

Buck Wood, Rodriguez's attorney, said the bitter fight is headed for the appeals court.

Cuellar's lead over Rodriguez shrunk from 203 to 58 across the 11-county 28th Congressional District.

Grinning broadly, Cuellar emerged from the counting room about 7 p.m. as a handful of supporters clapped and cheered.

"I stand as the Democratic nominee for this congressional district. The outcome did not change, and I look forward to the November election," he told a mass of reporters at the Webb County Justice Center.

"I will ask my opponent to please stop this process because it is time to put the best interests of the district over self-interest," Cuellar added. "People are tired. It is time to stop."

But Rodriguez's team is nowhere near ready to give up, instead indicating the real battle has just begun.

"This puts us in an excellent position," Rodriguez's spokesperson John Puder said after results were made official. "We are delighted to have this outcome, but everything is still up in the air."

Wood added, "I am not conceding anything. We're in the middle of a contest to determine who the nominee is going to be."

"They have to be in a general panic that we are down to 58 votes. I've already pleaded enough votes to overcome his 58-vote lead," Wood said.

Rodriguez was in Washington this week and did not attend.

The results of the re-recount in Webb County and separate inspection of ballots in Webb and Zapata counties will be presented Tuesday, the first day of trial for Rodriguez' lawsuit against Cuellar.

Rodriguez is seeking to wrest the Democratic nomination from Cuellar who took it from Rodriguez after Cuellar sought the first recount, conducted March 30.

he winner faces Republican Jim Hopson of Seguin in November.

Tuesday proceedings before Visiting State District Judge Joseph Hart, however, are expected to be a matter of simply going through the motions.

"Tuesday we will do very little," Wood said.

"The judge, with the present situation, will enter judgment for Cuellar because without being able to prove all those illegal voters, I can't prevail on Tuesday," he said.

Last week, Judge Hart issued a blow to Rodriguez's legal case when he threw out evidence that alleges "in excess of 100" people voted illegally in Webb County, including Cuellar's campaign manager. Rodriguez is appealing that ruling.

"An expedited appeal to the 4th Court of Appeals in San Antonio, I believe, will let me introduce evidence that will show Cuellar has lost this election. We will be back in Laredo trying this case," Wood predicted.

Friday's proceedings were deliberately slow.

"Last time it was an expedited count. This time we took two days," Armando Lopez Jr. said. "Democracy should be slow. This is a much more accurate count."

Hart appointed Lopez as re-count chair for the tedious two-day ordeal. The committee also included Elsa Guajardo, Irma Garcia and Gracie Garcia. Guajardo was in charge of the first recount in Webb County.

In the March 9 primary, Rodriguez beat Cuellar by 145 votes. Cuellar filed an election contest and a recount was conducted district-wide, leaving Cuellar the winner.

While both won and lost a handful of votes in other counties in the first recount, Cuellar picked up a surprising 177 votes in Webb and 237 in Zapata, his mother's home county. Controversy ensued, and this time it was Rodriguez who sought a recount of the recount.

Last week, Hart also ordered a separate inspection of ballots in Webb and Zapata counties. That was conducted Thursday and Friday, but those results appeared to be inconclusive.

In Webb County, a few dozen ballots were reportedly identified as questionable. While in Zapata, a local Democratic party official said no problems were found with the ballots.

Wood would not comment on what experts for both camps discovered during the inspection of ballots in Webb and Zapata.

"I can't tell you because that's for trial time. What I can say is that we did find evidence for tampering," Wood said.

He believes, however, that last week's ruling will preclude him from presenting any of this evidence Tuesday.

(Staff writer Tricia Cortez can be reached at 728-2568 or tricia@lmtonline.com.)