New Mexico: Land commissioner recount still in limbo | The Santa Fe New Mexican

Attorneys for the state and incumbent New Mexico State Land Commissioner Ray Powell negotiated through Monday evening in an unsuccessful effort to resolve issues on how a recount of votes in the closely contested election for land commissioner should be conducted. A state Supreme Court hearing that was scheduled for Monday afternoon to hear motions filed by Powell regarding the recount process was postponed until 9 a.m. Wednesday, Dec. 10, while the two sides try to hammer out an agreement. Powell has challenged the method the State Canvassing Board approved in late November for calibrating vote tabulating machines and reviewing ballots during the recount, among other issues.

Oregon: Lawsuit filed in GMO labeling recount | Statesman Journal

Supporters of a measure to label genetically modified food in Oregon filed a lawsuit Monday claiming 4,600 valid votes were rejected during the statewide recount that’s underway. Nine voters have asked a judge for a restraining order to stop certification of the recount results until those 4,600 votes are counted, said Keven Glenn, spokesman for the Yes on 92 campaign. “We have said from the beginning of the recount that all valid votes should be counted, but unfortunately that is not happening currently,” said Paige Richardson, spokeswoman for the Yes on 92 campaign. The 4,600 voters were among about 13,000 who completed, signed and submitted their ballots on time, but whose votes were not counted because their signatures did not match the signature on file. They were notified and given until Nov. 18 to fix the problem. But many of those voters’ signatures changed because of illness or disability, the lawsuit claims. Some were never notified their vote was being challenged. Others tried to correct their signature with elections officials, but still find their vote is not being counted.

Arizona: Upset possible in McSally-Barber recount | The Arizona Republic

Republican Martha McSally is almost ensured of victory in the still undecided race with U.S. Rep. Ron Barber, D-Ariz., experts say, but a few scenarios still give him a chance at keeping the seat. Officials begin today recounting ballots in southern Arizona’s 2nd Congressional District. Results are expected Dec. 16. McSally’s 161-vote lead, out of more than 219,000 cast, is so narrow that there are ways for Barber to win. And the cost to continue the fight in court would be relatively small for an election in which both sides have spent $20 million combined. “Recounts almost never change the result. … But being this close, it’s almost certain there will be a (lawsuit contesting it),” said Tom Irvine, a Phoenix election attorney. The most likely scenario: Barber sues because the recount differs from the general-election tally. Another possibility is his team finds election misconduct or other grounds to question the results. The most unlikely yet still possible option: Exploit a vague part of the U.S. Constitution to ask for a vote in the House of Representatives to decide which candidate is most qualified to serve — essentially beg Republican House Speaker John Boehner for mercy.

Maine: Senate Seat Still in Dispute as Legislature Opens for Business | Maine Public Broadcasting

On the Maine Legislature’s opening day, partisan lines were drawn in the Republican-led Senate, which rejected a demand from Democrats that would have effectively left the voters of southern Maine’s District 25 without a state senator.  In a party-line vote, the Republicans chose to provisionally seat GOP candidate Cathy Manchester, of Gray, as the official winner in the race, which is at the center of controversy following a recount. Democrats had hoped that Republican Senate leaders would agree not to seat a senator for District 25 while the mystery associated with 21 so-called phantom ballots remains unsolved. Democrat Cathy Breen, of Falmouth, had initially been declared the winner on election night, with a 32-vote margin of victory over Republican Cathy Manchester. A recount reversed those results, giving Manchester an 11-vote lead, bolstered by 21 ballots from Long Island that the town clerk said were not initially included in the total count. Breen says she wasn’t surprised when Republicans voted 20-14 to provisionally seat Manchester – but she wasn’t pleased. “Nobody should be really sitting in that seat,”  Breen said, at a news conference.

Montana: Recount process begins for state senate race | KECI

Missoula election workers started a recount in a state senate race too close to call. Missoula Republican Dick Haines trails Democrat Diane Sands by just 31 votes. The actual count hasn’t started yet. On Thursday, about 50 workers including county commissioners looked through ballots, checking for anything that might have made election machines fail to count the vote — things like coffee stains. It’s prep work for Friday’s actual count, which will take until Monday to have the results. The actual tally will cover some 8,000 ballots by hand. “This is a great opportunity for us to go back and show that everything we do, we do with respect of law and elections. Sometimes it feels like there is a veil or an iron veil, and people don’t really know what’s going on behind the scenes, so this is a great opportunity to show the public, show candidates, show citizens of Missoula that we’re doing everything right here in elections,” said Elections Administrator Rebecca Connors.

New Mexico: Powell asks court to block recount | The Taos News

Incumbent state Land Commissioner Ray Powell asked the state Supreme Court on Monday to temporarily halt an automatic recount of votes in the contested land commissioner race, alleging the state Canvassing Board has violated state law and the election code. The last unofficial election results showed Powell, a Democrat, losing by a 704-vote margin to Republican challenger Aubrey Dunn out of 499,666 votes cast, or about 0.14 percent of the votes. State law calls for an automatic recount when the margin between two statewide candidates is less than half of 1 percent of ballots cast. Dunn maintained a slim lead through post-election canvassing by county clerks and the state Canvassing Board. But Powell alleges there have been several irregularities, including the vote recount order approved by the state Canvassing Board on Nov. 25.

New Mexico: State GOP: Powell ‘manipulating’ recount in land commissioner race | The Santa Fe New Mexican: Local News

The state Republican Party on Wednesday attacked incumbent state Land Commissioner Ray Powell, accusing him of “manipulating the system” and “maneuvering of Democratic provisional ballots” in an effort to hang on to his office. The emailed fundraising appeal on behalf of GOP candidate Aubrey Dunn in the closely contested land commissioner race was sent a day after the state Supreme Court suspended an automatic recount of votes cast during the Nov. 4 general election, pending a hearing before justices scheduled for Monday. The court’s order came in response to a petition filed by Powell, a Democrat, in which he alleged that the recount procedure outlined in an order issued by the state Canvassing Board doesn’t comply with the state constitution and election laws.

Arizona: No end to 2014 election as House recount begins in Arizona | Los Angeles Times

Yes, this is the campaign season that just won’t end. On Saturday, voters in Louisiana will gather, a month after most states voted, for a runoff for a U.S. Senate seat and some House races. But even then, it’s not over. Election officials in Arizona this week cranked up the machinery for a recount of one particularly close House seat that has Republican challenger Martha McSally 161 votes ahead of Democratic incumbent Ron Barber. The recount in the 2nd Congressional District race was required because the margin was fewer than 200 votes out of nearly 120,000 cast. Barber won the seat in the aftermath of tragedy. He was an aide to Rep. Gabrielle Giffords in January 2011 when she was shot in the head in an assassination attempt. Barber was one of 12 people injured by gunfire that day. After his recovery and Giffords’ resignation, Barber won the seat in a June 2012 special election. In the 2012 general election, when he narrowly defeated McSally, Barber benefited from a heavily Democratic electorate; this year, he was fighting a Republican surge.

Maine: Senate seats Manchester despite contested results | Sun Journal

Despite an ongoing debate about the results of the election in Maine Senate District 25, majority Republicans in the Senate overwhelmed Democratic opposition to provisionally seat GOP candidate Cathy Manchester on Wednesday morning. Manchester’s opponent, Democrat Cathy Breen, was declared the victor by a 32-vote margin in an initial tally of votes after Election Day, prompting Manchester to request a recount. After the recount was conducted on Nov. 18, the result flipped, with GOP candidate appearing to have won by 11 votes.

New Mexico: Public land commission recount halted | Ruidoso News

A planned recount in the race for New Mexico Land Commission, scheduled to begin at 8 a.m., Monday, was halted by order of the New Mexico Supreme Court. Instead, key figures in the recount will be in court Monday. Incumbent Commissioner Ray Powell, a Democrat, who trailed Republican Aubrey Dunn by 703 votes in the most recent election results, asked the state Supreme Court Monday to halt temporarily the automatic recount of votes in the contested race. In a filing against the State Canvassing Board, he contended the state board violated state law and election code. The primary focus of Powell’s claim is based on whether state law clearly describes the recount procedure or if the secretary of state should dictate the process. He contends the procedure proposed would not properly check the accuracy of vote tabulating machines.

Arizona: Giffords’ House seat heads to recount as GOP lead dwindles | CNN

Republicans hoping to secure yet another House victory in their already substantial majority won in the 2014 midterm election are on edge as GOP candidate Martha McSally’s lead over incumbent Rep. Ron Barber has dwindled down to a mere 161 votes, a margin small enough to trigger an automatic recount. This will be the state’s first-ever congressional recount. Emerging from election night, McSally led Barber by a mere 36 votes. But technical difficulties later triggered a recount for early votes in Cochise County — a predominantly Republican area — that gave McSally a slightly greater lead.

Arizona: High court won’t halt 2nd District recount | Associated Press

The Arizona Supreme Court on Tuesday refused to halt a recount in southern Arizona’s 2nd Congressional District race between Democratic incumbent Ron Barber and Republican challenger Martha McSally. The high court dismissed a special-action lawsuit filed by a group of voters challenging the state’s plan to use the same computer program it used in the regular ballot count. The justices said in a brief order that the voters could continue to try to challenge the recount rules in Superior Court. “I’m really disappointed,” said Tucson attorney Bill Risner, who filed suit on behalf of seven voters in Cochise and Pima counties and isn’t affiliated with either campaign. “Our courts in general, there’s a real hostility to democracy and getting involved in election stuff. This is a simple case, it’s highly important and they’re making a real mistake in terms of their job of not taking this case.” Risner said he was considering whether to start the case over in the lower court.

Maine: Panel’s chairman promises thorough review of contentious Senate race recount | The Portland Press Herald

The Republican chairman of a committee that will pick the winner of a disputed state Senate race in Portland’s northern suburbs said Monday that the panel will thoroughly review 21 ballots from Long Island that showed up during the recount of the contest but weren’t recorded on Election Day. Sen. Roger Katz, R-Augusta, also said that the panel expects to hear testimony from the Long Island town clerk, who oversaw the election and signed off on the Election Day count. “Obviously it’s political, but the most important thing to Senate Republicans is that the right person who was duly elected gets seated and we maintain the integrity of this institution,” Katz said. “And we intend to do that.” The 21 ballots are at the center of the contested Senate District 25 race between Republican Cathleen Manchester of Gray and Democrat Cathy Breen of Falmouth. Unofficial results on the night of Nov. 4 showed Breen beating Manchester by 32 votes, 10,930 to 10,898. Manchester challenged the results, and after a recount, Manchester appeared to be the winner by 11 votes, 10,927 to 10,916.

Oregon: GMO labeling ballot recount begins | Associated Press

Oregon election officials began tallying 1.5 million ballots by hand Tuesday, kicking off an automatic recount of a ballot measure that would require labels on genetically modified foods. Workers have until Dec. 12 to finish the recount, though some of the smaller counties expect to wrap up quickly. The first tally showed Measure 92 was defeated by less than a tenth of a percentage point — 812 votes — following the most expensive campaign in state history. Advocates on both sides of the issue spent nearly $30 million combined. The recount is conducted by four-person “counting boards” appointed by the county clerk. The counters must be registered Oregon voters, and no two of them can be members of the same political party. One voter for and one against are allowed to observe.

California: Mullin introduces bill to reform California’s ‘flawed’ recount laws | San Jose Mercury News

Assemblyman Kevin Mullin introduced legislation Monday to overhaul California’s system for recounting votes in tightly contested statewide elections, claiming the June primary in the state controller’s race highlighted flaws in the current format. The bill would require the state to pay for a full recount in any election involving a statewide office or ballot measure when the margin of victory is one tenth of 1 percent or less. The law presently allows candidates to recount the tallies of individual counties as long as their campaigns foot the bill. Mullin, D-South San Francisco, introduced similar legislation this summer, but the bill stalled. The new bill, AB 44, would also call for automatic recounts in presidential elections.

Maine: If election rules followed, tampering with ballots is difficult | The Portland Press Herald

The discovery of 21 previously uncounted ballots from Long Island and their impact on the Senate District 25 race has conjured up images of nefarious political operatives covertly stuffing ballot boxes to tilt the election. That scenario would require a serious breach of Maine election law, which specifies an elaborate and detailed set of procedures to secure ballots – especially those subject to a recount – according to state election officials. If those procedures were followed, someone would have had to obtain a single key to reopen a locked metal box of ballots without disturbing an official seal to add the 21 ballots to the 171 ballots that were tabulated on Election Day. The 21 ballots were not discovered until a Nov. 18 recount in the race between Republican Cathy Manchester of Gray and Democrat Cathy Breen of Falmouth. The ballots were not formally challenged by Democrats during the recount, but they are now at the center of a mystery over why they weren’t counted when the polls closed on the night of Nov. 4, or how they ended up in a box that at several points was in the custody of Maine State Police.

New Mexico: Powell asks court to block recount | The Santa Fe New Mexican

Incumbent state Land Commissioner Ray Powell asked the state Supreme Court on Monday to temporarily halt an automatic recount of votes in the contested land commissioner race, alleging the state Canvassing Board has violated state law and the election code. The last unofficial election results showed Powell, a Democrat, losing by a 704-vote margin to Republican challenger Aubrey Dunn out of 499,666 votes cast, or about 0.14 percent of the votes. State law calls for an automatic recount when the margin between two statewide candidates is less than half of 1 percent of ballots cast. Dunn maintained a slim lead through post-election canvassing by county clerks and the state Canvassing Board. But Powell alleges there have been several irregularities, including the vote recount order approved by the state Canvassing Board on Nov. 25.

Arizona: Recount set to begin in Barber-McSally race | The Arizona Republic

The state’s first-ever congressional recount begins this week in the nail-biter race between Republican Martha McSally and U.S. Rep. Ron Barber, D-Ariz. McSally leads by 161 votes out of more than 219,000 cast in southern Arizona’s 2nd Congressional District, a margin so narrow it will trigger the recount once Secretary of State Ken Bennett certifies the canvass. He is scheduled to do so Monday. Barber sought to cut into McSally’s lead ahead of the recount by challenging election officials’ rejection of 133 ballots in Pima and Cochise counties. But on Thanksgiving Day, a Tucson federal judge denied the campaign’s request to count the ballots, a development that one expert says bolsters McSally’s likelihood of victory.

California: Lawmaker proposes to revamp California recount rules | Sacramento Bee

Assemblyman Kevin Mullin said Friday he will introduce another bill requiring automatic recounts in extremely close statewide races, citing the confusion and discord during last summer’s brief recount in the June primary for state controller. Mullin, D-South San Francisco, carried legislation last August that would have required automatic recounts in any statewide race where the margin of victory is one-tenth of one percent or less. The bill, though, stalled in the state Senate after bogging down in partisan fighting. In a press release, Mullin said he will introduce another recount proposal Monday. It would require a state-funded hand recount for any statewide race where the margin of victory is one-tenth of one percent or less and would take effect for the 2016 elections.

Arizona: Barber loses lawsuit ahead of recount | The Hill

The campaign for Rep. Ron Barber (D-Ariz.) lost a lawsuit it filed just days ago with a federal district court seeking to force two counties in Arizona to include the 133 ballots the campaign says were legally cast but have been erroneously disqualified. Cindy Jorgenson, a U.S. district court judge in Tucson, notified the Barber campaign of her ruling on Thanksgiving Day. “While we are disappointed in the court’s decision, we remain committed to ensuring that Southern Arizonans are able to trust the integrity of this election, and we thank the voters who not only took the time to vote in this election, but who came forward to ask that their voices be heard,” Barber campaign manager Kyle Quinn-Quesada said in a statement.

Maine: Mystery ballots in state Senate race bring call for investigation | The Portland Press Herald

The Maine Democratic Party is calling for an investigation into ballot count discrepancies on Long Island that tipped the scales in favor of the Republican candidate in the Senate District 25 race in Portland’s northern suburbs. The party’s claim involves 21 ballots from the island town that appeared on Nov. 18, when the Secretary of State’s Office conducted a recount in the race between Republican Cathy Manchester of Gray and Democrat Cathy Breen of Falmouth. The ballots were not tabulated by Long Island officials on election night Nov. 4, and all 21 of them were cast for Manchester, according to a written statement Tuesday from Secretary of State Matt Dunlap. The 21 ballots, combined with ballots from other towns that had been missing or were changed in the recount, were enough to reverse the results of the election and give Manchester an 11-vote victory over Breen, 10,927 to 10,916. The unofficial election night results, before the recount, showed Breen beating Manchester by 32 votes, 10,930 to 10,898. The Maine Democratic Party did not accept the results of the recount, which means the Maine Senate will create a special committee to review the recount and recommend a winner to the full Senate. Republicans will control the Senate when it is sworn in Dec. 3 and will hold four of the seven seats on the committee, which has broad discretion to make a recommendation as it evaluates the recount results.

Arizona: Team Barber Gets Its Day in Court: Will Disqualified Ballots Get Back Into the Mix? | Tucson Weekly

Kevin Fink wants his vote counted. He dropped off his early ballot at a polling station on Election Day, just like plenty of other folks. But his ballot was disqualified because his modern-day signature didn’t match the one he put on a voter-registration card he filled out some dozen years ago. He remembers he got word from the Pima County Recorder’s Office: He had a day to get back to them or his vote wouldn’t be counted. He called a hotline number and left a message, but no one called him back. And then the deadline passed and his vote was tossed out. Fink is a partner and chef at the award-winning Zona 78, and while he’d love to say that the restaurant gets it right 100 percent of the time, he knows that mistakes get made. But given that the state is going to recount the ballots early next month, he wants to see his vote included in the mix. “I realize there are going to be problems, but when it’s so close like this, I thought it was really important to be able to sway the political situation here in Arizona,” Fink said. “The number one thing I hear from my generation is that it doesn’t really matter if you vote.”

North Carolina: Voting machine problems do not change election outcome | WRAL

Supreme Court Associate Justice Cheri Beasley won her re-election campaign against Forsyth County lawyer Mike Robinson despite vote tabulation errors discovered in several counties throughout the state. Beasley won by more than 5,000 votes in a race where more than 2.4 million votes were cast. Recount results, which the State Board of Elections certified during a teleconference meeting Tuesday, showed Robinson picked up a net of 17 votes across the state. Robinson has told State Board of Elections officials that he has conceded and will not seek a further recount. While the overall vote swing was not enough to make a meaningful dent in the election total, changes in Davidson, Lenoir and Wilson counties, all of which use touch-screen voting equipment, involved eye-catching totals of several hundred votes each. In Davidson County, Beasley picked up 520 votes and Robinson gained 884 votes since the time county elections officials originally canvassed votes. The problem, elections officials there say, was a faulty media card used to store and transfer votes from a touch-screen machine.

Oregon: Vote tally too close, recount ordered on Oregon GMO labeling | Reuters

The final vote tally on an Oregon ballot measure that would require labeling of foods made with genetically modified ingredients was so close that state officials are doing a recount, a spokesman for the state said on Tuesday. Final results show the Oregon measure losing by 812 votes out of a total of more than 1.5 million votes, according to the Oregon Secretary of State’s Office. “State law says that if the margin is no more than one-fifth of 1 percent of the total votes cast in that election…then there shall be an automatic hand recount,” said Tony Green, spokesman for the secretary of state’s office. The recount is to take place Dec. 2-12, he said.

Arizona: Barber sues to count 133 votes in McSally race | The Arizona Republic

Democratic U.S. Rep. Ron Barber filed suit in U.S. District Court Monday, seeking to count the ballots of 133 voters his campaign contends were disenfranchised in the congressional race against Republican Martha McSally. McSally has a razor-thin lead of 161 votes, out of more than 219,000 cast in the 2nd District race. A recount is scheduled for after Dec. 1, but it will be delayed if Barber’s legal challenge is heard by the courts. The lawsuit seeks a temporary restraining order and a preliminary injunction to stop the state from certifying the results of the election on Dec. 1, less than a week away. Rodd McLeod, a campaign consultant for Barber, said a time or place for the hearing has not been set. Pima and Cochise counties last week rejected calls from the Barber campaign to delay certifying votes in those counties and examine disputed ballots. Arizona Secretary of State Ken Bennett and the Pima and Cochise boards of supervisors are named in the suit, along with “all those acting in concert with them or under their direction.”

Oregon: Food label measure headed for recount | Associated Press

Statewide vote totals released Monday show an Oregon ballot measure that would require labeling of genetically modified foods was losing by a mere 809 votes and will go to an automatic recount. Results from all 36 counties three weeks after Election Day showed Measure 92 was defeated by a margin of only 0.06 percentage point, well under the 0.2 percent threshold for a recount. A hand tally of ballots is likely to begin the first week in December after Secretary of State Kate Brown certifies the election results, formally triggering the recount. Oregon is the fourth state in the West to reject a labeling requirement for genetically modified foods, but it was the closest tally yet. “Regardless of what the final outcome of this race is, this is a very encouraging sign for those of us who support labeling of genetically engineered foods,” said Sandeep Kaushik, a spokesman for the campaign promoting the measure. Machine counts are subject to a small margin of error, Kaushik said, and with such a razor-thin vote difference, “there is a plausible possibility that the outcome of this race will change.”

Oregon: GMO labeling measure heads into recount range as opposition margin narrows dramatically | Oregonian

The battle over a measure to require labeling of genetically altered food appeared headed to a recount Thursday as new totals showed it losing by fewer than 1,500 votes. Measure 92 moved into range of an automatic recount after Multnomah County released results that included a final batch of nearly 7,200 ballots that leaned heavily in favor of the initiative. Sandeep Kaushik, a spokesman for the Measure 92 campaign, was encouraged by the prospect of a recount, but he acknowledged that “the math is daunting” because recounts don’t usually turn around a race unless the margin is less than a few hundred votes. Pat McCormick, a spokesman for the opposition campaign, said by email that despite the latest results, “We are confident Measure 92 has been defeated.” In part, the race tightened more than some analysts — including at The Oregonian — expected because supporters took advantage of a new Oregon law publicly identifying voters who cast what are known as challenge ballots. Those are ballots in which the signature of the voter doesn’t match the signature on file or in which the voter neglected to sign the ballot.

Arizona: Election watchdogs concerned about CD2 recount protocols | Arizona Daily Star

The Pima County Election Integrity Commission is concerned that state law might complicate the expected recount in Congressional District 2 next month. The commission fears complexities in the recount law could force Pima and Cochise counties to recount all 220,000 votes in the CD2 race by hand, although Secretary of State’s Office spokesman Matt Roberts said there are easier ways to comply with the law. A portion of the state’s election law requires that the ballot tabulating program used for the recount “differ” from the initial vote counting system. But the law is vague on what exact changes need to be made. Commissioner Bill Beard said the commission, which advises the Pima County Board of Supervisors, is in virgin territory in terms of the state’s first general election congressional recount. He said that while the commission is not making any recommendations, it is important that the supervisors be aware of the state law. Possible alternatives could include a recount by hand, Beard said. But Roberts said the law won’t require new machines or an army of election officials.

Arizona: Barber team open to legal challenge as recount looms | CNN

An attorney for Rep. Ron Barber (D-Ariz.) is raising the prospect of a long, drawn-out battle over control of his Tucson-area district, a seat once held by his former boss Gabby Giffords, as his contest with Republican Martha McSally looks increasingly likely to head to a recount. Kevin Hamilton, Barber’s legal counsel, said Wednesday that the campaign isn’t taking “anything off the table” in potentially challenging the outcome of the race when it’s certified next month. “There are lots of potential options. There is the ability to file an election contest under state law. There’s a recount that goes forward, and as we’ve seen in other states that can affect the outcome of the election,” he said. “There’s a range of options and we’re not taking anything off the table.”

Illinois: Illinois treasurer’s race close; Kirk seeks probe | Associated Press

The race for state treasurer remains undecided nearly two weeks after Election Day, with both campaigns agreeing fewer than 400 votes now separate the candidates in what could be the closest statewide race in Illinois in at least a century. The remarkably slim margin seems to point to a recount under an untested law put in place after the previously close-contest champ, the 1982 battle for governor. The match is rife with charges of “voting irregularities and ballot mishandling” in Chicago, prompting Illinois’ Republican U.S. senator call for an investigation Monday. Election officials have until Tuesday to finish counting ballots from the Nov. 4 election, including in the treasurer’s race between Republican Tom Cross and Democrat Mike Frerichs. Neither side was talking about recounts Monday, saying they’re waiting for all the votes to be counted. “Everyone knew that this was going to be a very close election. Mike’s been coming from behind the whole time,” said Dave Clarkin, spokesman for Frerichs, a state senator from Champaign. “Now we’re all just doing whatever we can to monitor everything closely.”