Toshiba Foster is asking a judge to overturn councilwoman Raline Smith-Reid’s victory in the 2nd Ward Democratic primary, alleging close to 100 violations involving dozens of votes that her attorneys say were cast illegally. The challenge comes two weeks after a recount determined Smith-Reid won the election by 21 votes, 196-175.
Sharon Weiner, an attorney representing Foster, said the papers were filed just in time to beat a deadline Tuesday for making such a challenge and after an examination of various voting records, including absentee ballots. She said some absentee ballots were “improperly handled” and in one case someone cast two votes, one by absentee ballot and another by provisional ballot.
“We’re asking the court to assume jurisdiction over these illegal votes,” Weiner said.
Attorneys cited 98 alleged violations in court papers, but some involved the same voters. Weiner said the total number of ballots being challenged is more than 60 – three times the minimum of 21 ballots required to overturn the election. Attorneys don’t know how those voters voted. It would be up to a judge to determine whether the case goes to court, Weiner said.