Posted on 11/16/2004 10:31:19 AM PST by conservativecorner
The talk about a possible recount has triggered questions about who decides a recount is necessary. Here’s what the law says:
From Chapter 3515.01 of the Ohio Revised Code Statutes
“Any person for whom votes were cast in a primary election for nomination as a candidate for election to an office who was not declared nominated may file with the board of elections of a county a written application for a recount of the votes cast at such primary election in any precinct in such county for all persons for whom votes were cast in such precinct for such nomination.
“Any person who was a candidate at a general, special, or primary election for election to an office or position who was not declared elected may file with the board of a county a written application for a recount of the votes cast at such election in any precinct in such county for all candidates for election to such office or position.
“Any group of five or more qualified electors may file with the board of a county a written application for a recount of the votes cast at an election in any precinct in such county upon any question or issue, provided that the members of such group shall state in such application either that they voted “Yes” or in favor of such question or issue and that such question or issue was declared defeated or rejected, or that they voted “No” or against such question or issue and that such question or issue was declared carried or adopted. Such group of electors shall, in such application, designate one of the members of the group as chairman, and shall indicate therein the voting residence of each member of such group. In all such applications the person designated as chairman is the applicant for the purposes of sections 3515.01 to 3515.07 of the Revised Code, and all notices required by section 3515.03 of the Revised Code to be given to an applicant for a recount shall be given to such person. [my emphasis]
“In the recount of absentee ballots that are tallied by county instead of by precinct, as provided in section 3509.06 of the Revised Code, the county shall be considered a separate precinct for purposes of recounting such absentee ballots.”
So, no, the fact that a defeated candidate wants a recount, does not mean they automatically get one.
Presuming that a recount does happen, here are the criteria (somebody learned from Florida):
“At the time and place fixed for making a recount, the board of elections, in the presence of all witnesses who may be in attendance, shall open the sealed containers containing the ballots to be recounted, and shall recount them. If a county used punch card ballots and if a chad is attached to a punch card ballot by three or four corners, the voter shall be deemed by the board not to have recorded a candidate, question, or issue choice at the particular position on the ballot, and a vote shall not be counted at that particular position on the ballot in the recount. Ballots shall be handled only by the members of the board or by the director or other employees of the board. Witnesses shall be permitted to see the ballots, but they shall not be permitted to touch them, and the board shall not permit the counting or tabulation of votes shown on the ballots for any nomination, or for election to any office or position, or upon any question or issue, other than the votes shown on such ballots for the nomination, election, question, or issue concerning which a recount of ballots was applied for.”
In English - NO FISHING.
So, what if Kerry wins in a few counties and gets a lead in Ohio from recounts?
§ 3515.06 Application for recount in precincts not recounted
“If, pursuant to section 3515.04 of the Revised Code, a person was declared nominated as a candidate for election to an office or elected to an office or position in an election and if it subsequently appears by the amended declaration of the results of such election made following a recount of votes cast in such election that such person was not so nominated or elected, such person may, within five days after the date of such amended declaration of the results of such election, file an application with the board of elections for a recount of the votes cast at such election for such nomination or election in any precinct, the ballots of which have not been recounted.
If, following a recount of votes cast in an election upon any question or issue, the amended declaration of the results of such election shows the result of such election to be contrary to the result thereof as declared in the original declaration of the results thereof, any group of five or more qualified electors which has filed a statement with the board as provided in the third paragraph of section 3515.03 of the Revised Code may, within five days after the date of the amended declaration, file an application with the board for a recount of the votes cast at such election upon such question or issue in any precinct of the county, the votes of which have not been recounted.
Sections 3515.01 and 3515.02 to 3515.05 of the Revised Code are applicable to any application provided for in this section and to the recount had pursuant thereto.”
Or, again in English - If Kerry wins by cherry-picking some counties, Bush can still get the rest of the state recounted.
Kerry lost, and he knows it. This is nothing but mischief by sore losers. What a surprise.
-- DJ Drummond
Just want to go on the record and say that I fully support a recount...in Pennsylvania.
Duplicate thread :-/
See http://www.freerepublic.com/focus/f-news/1281186/posts
They don't want an actual recount: they know they'd lose yet again.
What they want is to create the perception that they WOULD have won IF there had been a recount, but that those big bad ol' Republicans somehow conspired to prevent the recount.
This is the essence of conspiracy theories - that the bad guys "conspired" by mysterious means to defeat you, and you were powerless to stop them.
Appeals highly to those who see themselves always as powerless.
Amazing...they're still in denial!
as long as they are in denial, we keep winning...
"as long as they are in denial, we keep winning..."
We keep winning, they keep whining...
Won't change the outcome (as Kerry's attorneys have already acknowledged), but key if they want to cough up the money, I have no problem with that.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.