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Date Published: November 11, 2004   

District 35 recount set for Friday

Picture
Chris Moore / The Item
Sumter County Election Commission member Cindy Macias, left, reads off reasons a ballot is being challenged to other board members during a provisional ballot hearing for the state Senate District 35 race on Friday at the Sumter County Courthouse.

By LESLIE CANTU
Item Staff Writer
lesliec@theitem.com

The South Carolina Election Commission meets today to certify the results of last week's general election, at which time they're expected to order a recount for the state Senate District 35 race.

The Sumter County Election Commission is already planning a recount at 9 a.m. Friday at the Sumter County Courthouse. The Lee County Election Commission will hold a recount at the same time.

Because the margin between the two candidates is less than 1 percent, state law says the election commissions must recount the votes. Unofficially, state Sen. Phil Leventis, D-Sumter, has 15,632 votes and Republican challenger Dickie Jones has 15,577 votes.

Leventis, who won re-election by 55 votes according to the unofficial totals, said he is confident the recount will affirm the initial results. He is ready to move on to the business of representing Sumter and Lee counties, he said.

"The recount won't reverse the election," Leventis said. "The machines that count them are very accurate and repeatable. The election really is over."

LEVENTIS

JONES


Jones said he will wait until the recount to make a decision about appealing the election.

"If the recount comes back favorable to us, likely we won't need to protest," Jones said. "If the recount comes back the same, then we do have grounds to protest."

Candidates have five calendar days after a recount to file a protest of the election, said Hannah Majewski of the South Carolina Election Commission.

The Jones campaign is using the time before the recount to investigate whether the law was followed exactly during the election, said J Cabot Seth, Jones' law partner.

"If either side decides to appeal to the election commission, they have to show there were enough irregularities that the election should be overturned," Seth said. "We're not going to limit it to any one precinct. We're doing research on all the precincts."

Leventis also has lawyers working on his behalf, but in the meantime he is working on constituent requests and ideas for new legislation, he said.

"The only way to overturn the election is to employ a legion of lawyers to make up reasons why groups or individuals' votes shouldn't count," Leventis said.

Leventis believes the state Republican Party, not Jones, is pushing for an appeal.

"The only problems I saw were caused by poll watchers from the other side trying to create chaos," Leventis said.

Jones, however, said he will "certainly" file an appeal if he thinks it has merit.

Although a recount could change the vote totals a little, neither side anticipates the election swinging to Jones' favor.

Ironically, if the county had held the election and recount with electronic voting machines, the totals would not change at all. Majewski said a recount with electronic voting machines wouldn't change because of the accuracy of the machines. A recount would simply involve rereading the computer cartridges inserted into the machines. But Leventis believes the electronic voting machines' consistency is not a plus but a flaw.

"We wouldn't have the ability to reconstruct anything," Leventis said. "There's no way to validate what the individuals really did."

Even if the vote totals do change a little in his favor, Jones said the punch card machines are not to his advantage in this situation.

"This is not working to my advantage that the machines might be faulty," Jones said. "It's to everybody's disadvantage actually."


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

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