Legal Issues in Pryce/Kilroy for Congress recount---Ohio

[babsbunny]

November 30, 2006
OH-15: Legal Issues in Recount
Edward B. "Ned" Foley
Director, Election Law @ Moritz
Robert M. Duncan/Jones Day Designated Professor of Law
Moritz College of Law


Several significant legal questions emerge from this morning’s Columbus Dispatch story about the recount that has been triggered by yesterday’s final results in the election for Ohio’s 15th congressional district.

First, the paper reports that the Secretary of State will call for a manual recount of 3% of the Voter Verified Paper Audit Trails (VVPATs), pursuant to that office’s rules for automatic recounts of this kind. Yet, as explained previously by Steve Huefner (building on earlier analysis by our colleague Dan Tokaji), there is a question whether a statute adopted by Ohio’s legislature actually requires a count of all 100% of these VVPATs in this situation, and if so, what legal procedure Kilroy could pursue to enforce compliance with this statute



http://www.kilroyforcongress.com/2006/11/oh15_legal_issues_in_recount_1.htm