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GOP Congressman likely to contest results after final certification
ALSO: Brad discusses long-time failure of the electronic tabulation systems used in the West/Murphy race on Thom Hartmann's TV show...
By Brad Friedman on 11/16/2012 3:55pm PT  

[Now UPDATED at bottom of story.]

A Circuit Court Judge in St. Lucie County today denied Florida's Republican Rep. Allen West's motion to order a re-tally of all Early Voting ballots in the county, after a partial re-tally of Early Votes last Sunday resulted in the disappearance of some 800 votes in the FL-18 U.S. House race between West and Democratic challenger Patrick Murphy.

It the second denial for West, a "Tea Party" favorite, in a Florida court room, where he had previously filed a motion to impound paper ballots and voting systems before all ballots had even yet been run through them.

Today, according to the Palm Beach Post, "Circuit Judge Dan Vaughn said he did not have the authority to issue an injunction ordering the recount."

"In denying West's motion," the paper said, "Vaughn noted the [St. Lucie County] canvassing board is considering the issue at a meeting this afternoon. The judge also said that West has other legal remedies - specifically mentioning a statute that allows a candidate to contest an election within 10 days of the final certification of results. That certification is scheduled for Tuesday."

Murphy's attorney argued in response that there was "no basis for a full recount of early votes and if the canvassing board orders a full recount of them, the Murphy campaign will go to court to try to block it."

"If the canvassing board were to decide that they want to do that without any evidentiary basis to do so, we'll be back before your honor with a motion for injunctive relief against them doing it because under the law the statute that we cited for your honor they have absolutely no right to do it," the Post quotes Murphy attorney Gerald Richman as arguing in court today.

No "evidentiary basis"? Really? A partial selection of ballots --- just the last three days of eight days of Early Voting --- are re-tallied by the same machines that tallied them originally, but give a completely different result the second time they are tallied and that isn't "evidentiary basis" for re-tallying all of the votes? If that isn't a basis for a full public hand-count of all ballots, I'm not sure what is. Unfortunately, without a court order, thanks to the state's Republican legislature following the 2000 Presidential Election debacle in that state, it's illegal to hand-count paper ballots once they've been tallied by an electronic machine.

[Update: See bottom of story for update on what happened at the canvassing board on Friday, and much more!]

I was on Thom Hartmann's TV show, The Big Picture, last night to discuss the FL-18 U.S. House mess where West currently trails Murphy by a very slim margin, according to oft-failed, easily-manipulated, paper ballot optical-scan computers made by three different private companies in the three different counties that make up Florida's newly redistricted 18th Congressional District.

As we've covered in detail here at The BRAD BLOG, a margin of some 2,400 votes out of some 330,000 votes tallied as of last Friday was dwindled down to just under 2,000 votes as of last Sunday when St. Lucie County --- one of the three, along with Martin and Palm Beach Counties, that make up FL-18 --- carried out a partial re-tally of Early Voting ballots due, they say, to an unexplained "issue" on the Diebold optical-scan systems used to tally those ballots in the county.

In the bargain, some 800 votes seem to have disappeared according to the new Diebold tally. Both candidates lost votes in that partial re-tally --- where they ran the same ballots through the same machines, which counted them differently this time than they did previously --- but West ended up gaining some 500 votes on Murphy in the bargain.

Nonetheless, at this time, West is still some 250 votes shy of a mandated state "recount" which is triggered when the margin is .5% or less. Currently, the margin is just eight one-hundredths of a percentage point shy of that mark, at .58%, with West having filed his court for an expanded re-tally of all Early Voting ballots in St. Lucie earlier this week. While his court motion had called for a full re-tally of all Early Votes in St. Lucie, the motion failed to request a re-tally of either Election Day votes, absentee ballots or any of the ballots in FL-18's other two counties, for unexplained reasons (the West campaign has not replied to our queries on that) as we also discussed on Hartmann's show...

West did file an amended complaint this morning before the hearing, seeking a re-tally of absentee ballots in St. Lucie as well, after the campaign claimed they had found "significant problems" with the records for some of those votes, charging that the number of absentee ballots in some precincts exceeds the number of voters listed as casting absentee ballots there...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 1/25/2012 11:28am PT  

Rep. Gabby Giffords (D-AZ-8) officially resigned from the U.S. Congress today, in the wake of her January 8, 2011 shooting during a "Congress on your Corner" event in Tuscon, Arizona. She appeared in the well of the House this morning, along with her friend Rep. Debbie Wasserman-Schultz of Florida, who read her resignation speech though tears. Other colleagues, including Republican Rep. Jeff Flake, also from Arizona, stood at her side and she was thanked with a warm round of applause.

In the letter, as read by Wasserman-Schultz, Giffords vowed: "I will recover and will return, and we will work together again, for Arizona and for all Americans"...

What a senseless chapter. But no matter her politics, and whether you disagreed with them or not, Giffords spirit ought to be seen as extraordinarily inspirational to all of us. Sadly, thanks to a U.S. Congress mired in politics, none of the simple measures that could have been passed to help prevent similar tragedies in the future have been carried out in the year since Giffords shooting and the deaths of six others on that fateful day just over one year ago.

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