Any election ever revoted? How about now, in NC? Yep.

[Zan_of_Texas]

Carteret, NC lost 4000 votes due to a problem with their Unilect machines. No way to retrieve the votes. David Dill called it the worst problem in the country.

They will revote -- anyone whose vote did not register (unclear how they know?) or who did not attempt to vote the first time, gets to vote again.

Carteret County voters to get second chance

December 01,2004
Barry Smith
Freedom Raleigh Bureau
Sun Journal
http://www.newbernsj.com/SiteProcessor.cfm?Template=/Gl...

RALEIGH - Carteret County residents whose votes were lost by a computer - along with others who did not vote on Nov. 2 - will get another opportunity to cast their ballots.

The State Board of Elections on Tuesday voted to hold a special election in the county for the agriculture commissioner's race. The date for the election has not been set. Votes from the special election would be added to those who voted on Nov. 2 and others whose early voting ballots were recorded by the UniLect voting equipment.

~~~~~~~~~~~~

Carteret County Says It's Ready For New Election

3:05 pm EST December 1, 2004
http://www.wxii12.com/politics/3962688/detail.html

RALEIGH -- An election official in Carteret County said the county will be prepared to let up to 24,000 people vote in a special election in January to determine the next agriculture commissioner.
The election was ordered by the state Board of Elections because the lost votes are greater than the 2,287-vote lead Republican Steve Troxler currently has over Democratic incumbent Britt Cobb.

[intheflow]

1. How about now, in OHIO???

That's what I want to know. Why can't we hold another vote in Ohio. The Repugs are right on this one--a recount won't change anything. There was too much voter disenfranchisement, too many intimidation/deception tactics, too many computer "glitches". Revote is the only way.

[operafred]

8. Petition for a nationwide revote

i googled for revoting and found this website

http://www.thepetitionsite.com/takeaction/636288161?ts=... =1&sign=533377343&sign=533377343

[KoKo]

2. Carteret is only ReVoting for one candidate though. State Agriculture

Comissioner...so it won't help Kerry or anyone else. :-(

[read the law first]

3. You're on to something.

The North Carolina race is the only precedent anywhere that I've found where a "limited revote" took place. (Note that this was the 3-2 vote of an Election Board and hasn't been ruled on by the Courts yet). Strangely, it's the puke candidate that's providing the argument that we need here in Ohio for a revote for Kerry to win.

Every other reported precedent at the state and federal levels say that you have to throw out the election and have a new one but that you can't have a new election in an area smaller than the area represented by the office. Therefore, it would have to be a new nationwide election if a revote were ordered. I doubt that would happen (you know the Supremes wouldn't allow a Kerry win in a revote), so the courts would most likely handle it at the elector qualification stage and toss out Ohio's electors. Since neither candidate would then have a majority of the total electors, I think but don't know, that it would go to the Congress. There's other who have posted on this and they knew the topic cold but I don't remember what they concluded.

There is one state court case in Mississippi where there was somewhat of a limited revote but it was definable people who were turned away and there was a statute that was involved so it doesn't really stand for the proposition that you can have a revote in an area smaller than that represented by the office. I think to rule otherwise has definite equal protection problems because you've got a small number of voters with perfect knowledge of the exact margin casting votes in essence in hindsight. Every other case, in the event of a successful contest, the ENTIRE election gets tossed (see, e.g. the recent Court of Appeals race in Georgia where they had a new statewide election because of 495 messed up absentee ballots in some backwater county).

[Zan_of_Texas]

4. I wonder if a revote of the entire country would be required.

Since a recount, say, of Ohio or NM is limited to just that state, why would a revote have to be of the entire country?

Election law is very bound by state law (except when the Supremes butt in where they shouldn't have, Florida 2000).

Full disclosure -- I am not a lawyer, but I used to work for some.

[read the law first]

5. The jurisdiction represented by the officeholder is the entire country.

If there is a revote and you apply the other precedent (plus the equal protection argument of * v. Gore) then the revote has to be for the jurisdiction represented by the office, IMO, it would have to be a nationwide revote. Otherwise, you've got folks in Ohio with perfect knowledge of the situation after the fact knowing (not just suspecting, but knowing, that they are going to decide the election). The most recent is the Georgia Court of Appeals race where they had a statewide revote over 495 absentee ballots in some rural county in the middle of nowhere.

That's why I would think it would be handled at the elector level without a revote (i.e. throwing out Ohio's electoral votes). I can't envision any scenario where this race will end in a revote taking into account the offices that the pukes hold that would be involved in making that determination. That's also why I think that the recount and not the contest is the only way that this can be won.

But reasonable minds can certainly disagree.

Thanks.

[Zan_of_Texas]

6. Well, in their wisdom,

the Supremes who threw that ramshackle decision together on Florida 2000 made sure to note that it should never, ever be used as a precedent for any other case.

I don't realistically think there will be a revote given the political landscape. But, I think where people did not vote due to unfair machine allocation, that would be the fair thing to do. I also think it doesn't hurt to demand more than you think you will get.

WWKD? (What Would Karl Do?) Hell, if the shoe were on the other foot, the right-wing talk shows would be slamming the sex life of Blackwell and Damschroder daily, their recusal would be DEMANDED, there would be paid operatives storming every possible recount area, machines would be impounded, ministers would be preaching every Sunday about the joys of democracy and recounting the votes.....)

[read the law first]

7. You got that right n/t