State opinion on recount process delays decision

The question of what constitutes a hand recount delayed until later today Eighth Circuit Judge David Miller’s decision on how to recount voting in the Democratic prosecutor’s race.
Judge Miller told petitioner Bryan McMahon and respondents County Clerk Lynn Rogers and Danielle Rogers that he would contact the Secretary of State’s office for clarification of state statutes. Rogers defeated McMahon in the primary by 22 votes on Aug. 3
At the heart of the matter is whether “option 2,” one of three options Lynn Rogers provided to the court, is a legal alternative to manually recounting each ballot by election judges. In that scenario, ballot cards that were properly filled out would be recounted by an electronic tabulating machine and those that were not ­– but clearly show a voter’s intention – would be counted by hand. However, Rogers said throughout the hearing, he may need clarification of the statute because he hadn’t previously experienced this situation.
Full story is in the Monday, Aug. 23, 2010 edition of the Richmond News

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