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The SoS website says the candidate is eligible to ask for a recount, due to the razor-thin margin. It looks like only a tie would generate an automatic recount. The recount request must be in writing, and it falls under the non-expedited category, which gives the candidate until 5 p.m., two days after the vote canvass, which will be held Apr. 20. However, Apr. 22nd is a Saturday, and the website says the deadline for the Primary non-expedited recounts was extended to the Mon. after the 1st canvass at 5 p.m. I'm assuming (damn, I'll have to call back) that means the candidate actually has until 5 p.m. on Apr. 24th, since the County Party is not usually open on Saturday. The Nueces County Democratic Party, the authority conducting the Primary runoff, is the place where the recount request and deposit is filed.
An attorney from the SoS's office said a candidate for a Party office can request a recount, just like a candidate for a Public office. The deposit DOES apply to a Party office, just like a public office recount, even though Party offices have no filing fee. A recount is an all-or-nothing proposition--i.e. you can't just recount the early vote, or just certain precincts--UNLESS a counting error is claimed as the reason and there's no indication that happened. The candidate DOES have the option of requesting a machine or a hand recount, which also affects the amount of deposit required--there's a different formula for each type. If the election is overturned, the candidate gets their deposit back; otherwise, the candidate's deposit is applied toward the actual cost of the recount. If the recount cost more than the deposit, the candidate is responsible for the difference (if it cost less than the deposit, he gets the difference back. Having seen one recount, I can't imagine it coming in for less than the deposit, particularly a full hand recount.)
According to the County Clerk, a hand recount IS possible with the E-Slates. They have something called a "vote catch record," which captures a record of each ballot cast by the voter. These vote catch records can be reproduced for a hand count--they're randomly generated, so it's impossible to match the record with the sign-in sheets.
I remember the Huerta-Greenwell recount with the old Opti-Scans. She hand-counted the early ballots and machine counted the Election Day ballots--I assume that could also be done in this case, but I haven't checked.
I understand the candidate announced at the Coffee Club that he was going to seek a recount, and the County Clerk told me he had contacted their office for information. He has not contacted the Party headquarters yet.
From what I've heard, I'm not sure if the candidate is wanting a recount, or if he is talking about contesting the election. A contest and a recount are two different animals. I understand that the candidate and his campaign manager were questioning the number of mail ballots that had been rejected. A recount only deals with the actual ballots cast--any rejected ballots or other irregularities are addressed by a contest, not a recount. I have no idea what the procedure of a contest would be--I have only researched the recount aspect.
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