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Date Published: November 6, 2004   

Leventis ups lead in hearings

Recount still necessary since Senate margin less than 1 percent

Picture
Photos by Chris Moore / The Item
Sumter County Election Commission workers Lucinda Macias, foreground, and Louvena Dinkins sort ballots during a provisional ballot hearing Friday at the Sumter County Courthouse. Sen. Phil Leventis, D-Sumter, increased his lead over challenger Dickie Jones by 23 votes after the results were tallied.

By LESLIE CANTU
Item Staff Writer
lesliec@theitem.com

State Sen. Phil Leventis, D-Sumter, increased his lead over Republican challenger Dickie Jones by 23 votes during the provisional ballot hearing at the Sumter County Courthouse on Friday, giving him 55 votes more than Jones.

The unofficial tally now stands at Leventis 15,632, and Jones 15,577. Since there is still less than 1 percent difference, the state will order a recount after the South Carolina State Election Commission certifies the results Thursday.

Local election commissions will hold the recount, which must be done in both Sumter and Lee counties.

Garry Baum of the state election commission said his commission would work with local commissions to decide on a good time to hold the recount. Recounts are usually done as soon as possible, he said, and will be done in both counties at the same time.

Leventis said he feels good about his position in the race.

"I would hope that the machines were accurate the first time, which I take it they are," Leventis said. "Our election commission displayed an awful lot of competency and professionalism."

J Cabot Seth, Jones' law partner, also applauded the election commission.

"I'm impressed with how the process works, the conscientiousness of the commission and how much work they've put in," Seth said.

He wouldn't speculate on what action the Jones campaign might take.

"We've not made any decisions and can't really until the recount," Seth said.

Goliath Brunson Jr., the chairman of the Sumter County Election Commission, said he doesn't remember holding a recount in the six years he's been on the board. He doesn't expect a major change in the tallies, though, because of the commission's meticulous work election night.

The local election commission considered 230 provisional ballots and 56 fail-safe ballots, grouped according to problem, at its meeting Friday. It decided to count 50 of the provisional ballots. The 56 fail-safe ballots counted for nationwide, statewide, countywide and citywide races, but not for the state Senate District 35 race.

The Lee County Election Commission considered 14 fail-safe ballots and 20 provisional ballots Friday morning. Those ballots yielded 7 votes for Leventis and 7 votes for Jones, keeping the challenger's lead in Lee at 257 votes.

At 10 a.m. in the Sumter County Courthouse, more than 50 people squeezed into chairs in the small, increasingly warm room on the second floor, with more people standing against the walls and spilling out into the hallway. Leventis took a seat front and center. Jones did not attend the hearing, but his campaign manager, Jay Jones, and Seth attended in his stead.

The crowd listened quietly for almost an hour through the explanations accompanying each ballot and the commission's ruling on each.

Vice chairman Carol Ann Rogers' motion to throw out the very last ballot provoked an outburst of disapproval from the crowd, though. The ballot was an absentee ballot from a member of the military stationed in Iraq who failed to have his envelope witnessed. The audience thought a special dispensation should be made for someone in a war zone, but commissioner Cindy Macias explained the reason for the ruling.

"We are required, by law, to require a witness to all absentee ballots that come in," Macias said. "This is a very sensitive situation, but I believe by law we have no choice but to sustain the challenge."

The commission confronted a range of problems, including people registered in other counties who attempted to vote in Sumter, people who voted in the wrong precinct, misspelled names on the voter rolls, and a father whose name was mistakenly removed from the rolls when his son moved out of Sumter County.

Only one challenger appeared to speak to the commission.

Ralph Baker challenged a ballot at the St. John precinct because he believed a poll worker was giving too much assistance to a curbside voter.

"The poll worker had the voter's hand in their hand, guiding the stylus," Baker said. "It seemed to me the poll worker was rendering much more assistance than was legitimate in that case."

The commissioners decided, by a 4-2 vote, to allow that vote to count. Charles Moore and Keith Schultz voted to throw out the ballot.

After about an hour, the commissioners began to separate the approved ballots into precincts to be counted.

Those who thought they would quickly learn how many votes to add to Leventis and Jones' tallies were instead quickly disappointed. The commission had to count each ballot by hand.

The process took about a minute and a half for each ballot, with time in between as the commissioners shuffled paperwork to change districts. Macias would start by reading out the precinct, congressional district, state Senate district, state representative district, County Council district and school board district of the ballot.

Ears in the crowd pricked up each time she said the ballot was from state Senate District 35. If the ballot was from state Senate District 36, audience members waited out the reading by fanning themselves with their notebooks or whatever else was handy.

Macias read the votes by number, so audience members had to readjust themselves to listen for numbers instead of names. People soon figured out that "17" meant a vote for John Kerry, so the rest of the ballot would probably include a vote for Leventis. A write-in vote for Jomarie Crocker for Sumter County auditor meant the voter most likely voted for Jones.

Pens hovered over notebooks as lawyers and party activists waited for Macias to read through the votes for president, U.S. Senate and U.S. representative and get to the state Senate 35 race. More often than not she said "54" and pens across the room ticked off another hatch mark for Leventis.

Macias read the last provisional ballot at 1:05 p.m. At the end of the day, Leventis had 27 new votes and Jones had 7 new votes from the provisional ballots. Leventis also gained 5 votes from faxed military ballots and Jones gained 2 votes from faxed military ballots.


Contact Staff Writer Leslie Cantu at lesliec@theitem.com or 803-774-1250.

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