Lawyers arguing a veteran Houston state representative's challenge of his election defeat will have to meet a high standard to get any votes thrown out, a lawmaker investigating the contest said Friday.
Rep. Will Hartnett, appointed "master of discovery" to gather information for a House committee, and lawyers for both sides, worked until mid-evening Friday to conclude a two-day hearing on Republican Talmadge Heflin's challenge of his 33-vote defeat by Democrat Hubert Vo.
Hartnett said he will only agree to remove votes in which
lawyers can prove voters were ineligible, voted in the Heflin-Vo race and will testify for whom they voted. Hartnett said the chairman of the nine-member Select Committee on Election Contest agreed to the standard of proof.
*snip*
Hartnett, R-Dallas, ruled as irrelevant testimony by a Republican pollster (Michael Baselice) who used calculations to project Heflin's margin of victory.
*snip*
Heflin's lawyers said he would win by five votes, based on their analysis of 91 ballots cast by allegedly ineligible voters who have been willing to reveal their votes. Baselice used a mathematical analysis, known as extrapolation, to determine that Heflin's margin of votes would increase when applied to the remaining 250 potentially illegal ballots that were cast and counted. "It's a projection of a known quantity," Baselice said. "It gives us an idea about how these may end up."
Under cross-examination, Baselice acknowledged that what he did was "nothing more than middle school math." He also said that he knew nothing about the votes, other than the percentage breakdown Heflin's lawyers gave him.
*snip*
Based on the indications Hartnett has given during the case-by-case examination of voters, (Vo attornet Larry) Veselka's tally has Vo winning by about 15 votes.
Hartnett is expected to issue a report to the select committee next week. It will include his conclusions about the correct vote tally in the race.
http://www.chron.com/cs/CDA/ssistory.mpl/politics/3014546