Posted on 11/09/2002 7:42:49 AM PST by StopDemocratsDotCom
MONTGOMERY, Ala. (AP) - Democratic Gov. Don Siegelman's call for a statewide recount suffered a blow Friday when the Republican attorney general said sealed ballots can't be opened just because the governor trails his GOP challenger.
The opinion of Attorney General Bill Pryor came as Alabama's 67 counties certified their votes, with official results showing Siegelman trailing GOP Rep. Bob Riley (news, bio, voting record) by 3,117 votes. In some counties there was a change from the unofficial numbers reported Tuesday night, but not enough to change the outcome.
"You can't break the seal based on not liking the count," Attorney Pryor said in an opinion awaited by elections officials across Alabama.
In response, Siegelman campaign spokesman Rip Andrews said: "The bottom line is it's a Republican conspiracy at its worst."
It wasn't immediately clear whether the governor would go to court to try to force a recount or take the issue before the Legislature, which doesn't convene until January.
Siegelman demanded a recount Thursday. He pointed in particular to Baldwin County, where elections officials reduced his tally by about 7,000 votes late Tuesday — enough to give Riley the victory.
The county blamed a glitch in its computer system for the revision, but the first-term governor said the switch was made after poll workers left for the night.
Seigelman attorney Joe Espy accused the attorney general of ignoring state regulations that provide for a recount. "On behalf of Bob Riley, the Republican attorney general today changed the law," Espy said.
He said the governor won't give up on seeking a recount, but he hasn't decided what his next action will be.
Riley and his attorneys praised Pryor's decision. "Attorney General Bill Pryor is doing constitutionally what he is supposed to so," said Terry Butts, Riley's lawyer.
Alabama law does not provide for an automatic recount in tight races, but voters can ask for one, county by county, if they put up a bond to pay for it. Democratic supporters began filing recount petitions across the state Friday, with Siegelman's campaign or the Democratic Party offering to pay for the bonds if necessary.
However, elections officials were advised by Secretary of State Jim Bennett to wait for Pryor's opinion in part to "avoid the situation that arose in Florida." Alabama has never had a statewide recount and some of its election laws date to the 1800s.
Pryor said the governor's petitions aren't sufficient to unseal the ballots and other election records. He said Siegelman could get the ballots opened under only two scenarios:
_He files an election contest with the Legislature and shows that illegal ballots were counted or legal ballots weren't counted and they would change the results. The new Legislature would consider a contest in January, when it convenes to certify the final voting results.
_He gets a judge to order a recount in a county after finding that a voting machine or precinct did not make a report on election night.
"It is a crime to break a seal without following these procedures," Pryor said. The crime is a misdemeanor.
Siegelman's attorney, Joe Espy, disagreed with Pryor's interpretation and said a recount is needed to settle the issue in voters' minds.
"Whatever happened, happened. Let's just count the votes," he said
In Baldwin County, Republican District Attorney David Whetstone said the ballots would remain sealed, based on Pryor's advice.
"As of right now, no one is going to recount the votes in Baldwin County," he said.
Riley won and will be (is ) the next Alabama governor.
This title ought to say, "Honest And Truth Wins"
I don't know if there is anything the Dims can retrieve in their accusations. But I do know that you'll have a hard time convincing any judge that the numbers reported to the Associated Press are more legit than the actual numbers reported by the county to the Elections Committee. Especially when the original total votes cast exceeded the total registered voters for the county.
Math, simple non-fuzzy math will trump a petulant, egotistical megalomaniac's quest to remain the "Big Hog at the Trough" any day.
Personally, I say recount in Baldwin County if for no other reason than to shut this empty vessel up and get him the heck out of Riley's house.
He knows that a recount in Baldwin county will not change anything. That is why he is trying for a statewide recount, what else could he lose? There was not (is not) one case of 'wrong-doings' reported (filed) anywhere in the state.
The law does not allow for a recount just because it was a close election. Kiss Don Siegelman goodbye!!
As of Friday morning, the CNN "updated" charts showed five Governors' races as undecided. Alabama and Vermont were two of those. Democrats led in the other three races. The final total will be as you suggested, 26 Republicans to 24 Democrats. (Both states which had independent or third party governors going into the election are now back in "major party" hands.)
Congressman Billybob
The law does not allow for a recount just because it was a close election. Kiss Don Siegelman goodbye!!
Oh, I agree, blam. I saw Siegelman's argument change as soon as the picture of the original Baldwin County printout hit the airwaves and the internet.
He only changed his attack after it became crystal clear that he was throwing a tantrum the likes that would embarrass a three-year old.
Really? WHICH law? What's he "changing"?
Alabama law does not provide for an automatic recount in tight races, but voters can ask for one, county by county, if they put up a bond to pay for it. Democratic supporters began filing recount petitions across the state Friday, with Siegelman's campaign or the Democratic Party offering to pay for the bonds if necessary.
OHHH! Is THAT the law? So, what's the Nasty Republican changing about it?
I can't even begin to say how sick and tired I am lying, mealy-mouthed, smarmy democrats. Mostly because JimRob has certain rules about swearing.
Democrats are beady-eyed, greedy little human pigs.
Typically, democrats don't care about any laws unless they help them. I guarantee you, if the Republican was asking to break the ballots, the dems would be spitting mad and indignent.
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