Disputed Howard-Neil Contest Goes to the House

[sonias]

http://www.texastribune.org/texas-politics/2010-legislative-races/disputed-howard-neil-contest-goes-to-the-house/">Texas Tribune 2/1/11
Disputed Howard-Neil Contest Goes to the House

Travis County Republican Dan Neil lost his first race for elective office in November by just 16 votes. Having failed in that challenge to state Rep. Donna Howard, D-Austin, he asked for a recount, and lost again, this time by 12 votes. Now, like other just-by-a-nose losers before him, he's appealing to the Texas House of Representatives in the hope that it will declare some of the voters in that election ineligible and put him in first place and Howard in second.

The proceedings start today. An appointed "master" — state Rep. Will Hartnett, R-Dallas — will pore over the evidence, listening to lawyers for the contestants and to witnesses, and will make a recommendation to a special committee that's been appointed for the contest. The committee members will hear from the lawyers and, if they wish, from more witnesses, and make a recommendation to the House. And the House, if the matter goes that far, will decide whether Howard or Neil should be the state representative from House District 48.

"Through our investigation and our research, we have found some illegal votes that were counted, and we're trying to get those illegal votes that were counted out of the final count," Neil said in an interview with The Texas Tribune on the eve of the mini-trial.

Sending Donna Howard our good thoughts for her to prevail!

Go Donna!!
:dem:

[sonias]

1. Video stream

You can watch the hearing which just started here:

www.house.state.tx.us/video-audio

Pick - Election Contest: Master's Public Hearing link.

Go Donna!!! :kick:

[sonias]

2. Hearing for District 48 begins

http://www.statesman.com/blogs/content/shared-gen/blogs/austin/politics/entries/2011/02/01/hearing_for_district_48_begins.html">AAS 2/1/11
Hearing for District 48 begins

Lawyers for Rep. Donna Howard, D-Austin, and Dan Neil, her Republican challenger, made their opening arguments this morning in the contested race for the District 48 seat in the state House of Representatives.

Neil’s lawyer, Joe Nixon, said there were hundreds of discrepancies in the way Travis County officials counted ballots in the race.

“This was not a perfectly run election,” he said.

I've watched most of this hearing today and frankly I don't like the way it's going. :scared:

[PDittie]

3. Harvey Kronberg's update is good news

RECOUNT OF 3 BOXES IN HD 48 CONTEST YIELD NO CHANGE IN FINAL TALLY

The challenger had questioned whether four votes that had been disallowed were included in the post-election recount.

Officials in the HD 48 contest public hearing just concluded a recount of 265 non-military mail-in ballots from three boxes. The purpose behind the recount was to find out if four disallowed votes had been included in the post-election recount that concluded incumbent Democrat Donna Howard had won by 12 votes. That possibility was suggested by Joe Nixon, who is representing Republican challenger Dan Neil in the election contest. Yesterday, Special Master Rep. Will Hartnett (R-Dallas) ordered the new recount.

The action today found no change from the original recount, meaning that that the four votes had been removed as they should have. Nixon told Hartnett that he accepted this morning’s count.

http://www.quorumreport.com/

[Melissa G]

4. I saw the update. Does this mean We Have Donna?

or is more challenge forthcoming?

[sonias]

6. It's not over

This is just a recount of the recount of the paper ballots that were non-military voters. Still lots more to go. The ultimate ruling is determined by a committee and then a House vote.

Texas Tribune 2/1/11
Disputed Howard-Neil Contest Goes to the House
The proceedings start today. An appointed "master" — state Rep. Will Hartnett, R-Dallas — will pore over the evidence, listening to lawyers for the contestants and to witnesses, and will make a recommendation to a special committee that's been appointed for the contest. The committee members will hear from the lawyers and, if they wish, from more witnesses, and make a recommendation to the House. And the House, if the matter goes that far, will decide whether Howard or Neil should be the state representative from House District 48.

AAS Postcards from the Lege blog 2/3/11
Disputed ballots seemed to be properly counted on District 48 race

(snip)
Both sides agreed that the ballots, which represented votes for Howard, were improperly counted on Election Day. They were supposed to be disqualified.

The dispute dealt with the recount in December. Joe Nixon, Neil’s lawyer, said the votes were counted in the recount. But Buck Wood, Howard’s lawyer, said the votes were properly removed.

The count today matched the clerk’s recount in December — seemingly affirming Wood’s claim.

Ah Joe Nixon is just like a typical repuke - always wanting to challenge voters and claiming all kinds of voter fraud and election fraud just to hype the legitimacy of their candidate. :puke:

I don't care if it comes down to a single vote. Donna won!

[sonias]

5. That's good

However for most of the hearing on Tuesday I just got the feeling that Harnett is going to support another election.

No doubt that a handful, 5 or less, of the votes are going to be tossed out. These were votes in Donna's totals. And here is what really chaps me - the only way people's votes count on election day is they vote in their precinct of record. So if you're a lax voter and didn't bother to change your voter registration card before the election and you moved, you need to vote at your "old" precinct to have your vote count. Otherwise you get a provisional ballot at your new precinct and and they won't count that.

So these are people who knew or were told on election day that they needed to vote in their home precinct to have their vote count. So they made the effort to drive to their old precinct and vote and then fill out a change of address card. That's where Neil got the list of voters he subpoenaed for the trial. And now the Rs are going to toss out their votes in this election anyway. :grr:

[PDittie]

7. Even when she wins this challenge

HD-48 is going to be redrawn much friendlier to a Republican. There isn't such a greater urgency to overturn this result when the Pukes already have 100 seats. I believe Hartnett could order another election, but we got a good shake from him in the Talmadge Heflin-Hubert Vo dustup a few years ago.

We'll see how things go...

[PDittie]

8. QR again with the evening update

MARGIN NARROWS IN HOWARD-NEIL CONTEST

Closing arguments set for Monday

HD 48 incumbent Donna Howard’s lead is shrinking as the master’s public hearing looking into the Republican contest of the election enters its final stages. Attorneys from both sides said today that the Democratic incumbent’s lead – 12 as of the official recount – has been reduced but they differed as to how much. Howard’s attorney Buck Wood said her lead was now seven or eight votes. Joe Nixon, who represents the challenger Dan Neil, said the lead is six.