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Newspaper coverage on November 9, the morning after the election, focused on the Republican Fob James's upset of the Democratic Governor Jim Folsom. But another drama was rapidly unfolding. In the race for chief justice, which had been neck and neck the evening before, Hooper awoke to discover himself trailing by 698 votes. Throughout the day ballots trickled in from remote corners of the state, until at last an unofficial tally showed that Rove's client had lost—by 304 votes. Hornsby's campaign declared victory.
Rove had other plans, and immediately moved for a recount. "Karl called the next morning," says a former Rove staffer. "He said, 'We came real close. You guys did a great job. But now we really need to rally around Perry Hooper. We've got a real good shot at this, but we need to win over the people of Alabama.'" Rove explained how this was to be done. "Our role was to try to keep people motivated about Perry Hooper's election," the staffer continued, "and then to undermine the other side's support by casting them as liars, cheaters, stealers, immoral—all of that." (Rove did not respond to requests for an interview for this article.)
The campaign quickly obtained a restraining order to preserve the ballots. Then the tactical battle began. Rather than focus on a handful of Republican counties that might yield extra votes, Rove dispatched campaign staffers and hired investigators to every county to observe the counting and turn up evidence of fraud. In one county a probate judge was discovered to have erroneously excluded 100 votes for Hooper. Voting machines in two others had failed to count all the returns. Mindful of public opinion, according to staffers, the campaign spread tales of poll watchers threatened with arrest; probate judges locking themselves in their offices and refusing to admit campaign workers; votes being cast in absentia for comatose nursing-home patients; and Democrats caught in a cemetery writing down the names of the dead in order to put them on absentee ballots.
As the recount progressed, the margin continued to narrow. Three days after the election Hooper held a press conference to drive home the idea that the election was being stolen. He declared, "We have endured lies in this campaign, but I'll be damned if I will accept outright thievery." The recount stretched on, and Hooper's campaign continued to chip away at Hornsby's lead. By November 21 one tally had it at nine votes.
The race came down to a dispute over absentee ballots. Hornsby's campaign fought to include approximately 2,000 late-arriving ballots that had been excluded because they weren't notarized or witnessed, as required by law. Also mindful of public relations, the Hornsby campaign brought forward a man who claimed that the absentee ballot of his son, overseas in the military, was in danger of being disallowed. The matter wound up in court. "The last marching order we had from Karl," says a former employee, "was 'Make sure you continue to talk this up. The only way we're going to be successful is if the Alabama public continues to care about it.'"
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