Question on recounts

[Horse with no Name]

Apparently in our county, it has come to their attention that Republicans who voted in the Republican primary crossed over to vote in the Democratic runoff election and that people were told if they didn't vote in the primary that they were turned away from the polls.
There was a 29 vote margin--the county wants the candidate to pay for the recount.
Are there any exceptions to the rules on recounts when you have these types of circumstances?

[sonias]

1. Those repukes that voted in D runoff after voting in R primary

Broke the law. Have someone file a complaint if they can prove it. Charge those suckers!

§ 162.004. AFFILIATION PROCEDURE: VOTING AT POLLING
PLACE. (a) The signature roster for a primary election must state
at the top of each page: "A person commits a criminal offense if the
person knowingly votes in a primary election or participates in a
convention of a party after having voted in a primary election or
participated in a convention of another party during the same
voting year."

You can perform your own election code statues search here:
http://www.capitol.state.tx.us/statutes/el.toc.htm

There's a whole section on recounts and who pays for the costs. The SOS wouldn't let Tarrant pay for their eSlate screw up during the primary. Apparently you also have to get a ruling from the SOS office.

Sonia

[crispini]

2. Not only did they break the law, but I would wonder

if their election judges also did not break the law by allowing them to do so. I am very surprised at the county elections department that is so poorly organized as to allow this to happen. In our county we stamp the voter's cards and the poll book and if there is a runoff we simply switch poll books from Dem to Rep. So I can look in the poll book and see that they voted in the Republican primary and shoo them away! :rofl:

[Horse with no Name]

4. They didn't stamp my card

in the primary. Also of note, one of the candidates had the same last name as the election judge.
I have no idea if they were any relation.:shrug:

[crispini]

5. Oh, you need to find out about THAT.

Because that is also completely, totally illegal. Candidates and their employees and relatives cannot serve as election judges. I think you have a lot of grounds for a lawsuit here, with this as well as with the other issues. Ya'll need a lawyer.

§ 32.054. INELIGIBILITY OF EMPLOYEE OR RELATIVE OF
CANDIDATE. (a) A person is ineligible to serve as an election
judge or clerk in an election if the person is employed by or
related within the second degree by consanguinity or affinity, as
determined under Chapter 573, Government Code, to an opposed
candidate for a public office or the party office of county chair in
the election. For purposes of this subsection, a candidate whose
name appears on the ballot is not considered to be opposed by a
write-in candidate other than a declared write-in candidate under
Chapter 146.
(b) For purposes of this section, a person is employed by a
candidate if:
(1) the candidate is an owner or officer of a business
entity by which the person is employed;
(2) the candidate is an officer of a governmental
department or agency by which the person is employed; or
(3) the person is under the candidate's supervision in
public or private employment.
(c) In this section, "candidate" means a person who has
taken affirmative action, as described by the law regulating
political funds and campaigns, for the purpose of gaining
nomination or election.

[VelmaD]

3. you need a re-vote...

not a recount. There's no way to pull out the votes of the people who voted in the runoff illegally and there's no way to know how the people who were illegally turned away would have voted. The whole thing needs to be done over.

[Texaroo]

6. What county?

I mean, I hate to ask, but I AM curious. If you prefer not to disclose, that's fine, too...