Election Recount Hearing Today - Judge Negangard Sets Recount for Monday June 24 @ 9 AM
There was an election recount hearing today at 1:30 PM in Judge Negangard's Circuit Court regarding Mike Lawrence's Petition for a Recount for the District 1 Commissioners Race.
Present: Jim Thatcher in person, his 3 attorneys (Mr. Wilder, Mr. Stewart, and Ms.Bush-Suneye) via Zoom, Mike Lawrence via zoom, and his attorney, Ms Harter, via zoom.
Also present: Patrick Olmstead and Mr Nesbitt of Election Systems ( ESS). Wendy Beatty, Clerk of Courts, Robert Stark ( R), Christine Craig (D), Tamara Taylor (Beacon) and Marc Emral (Register Publications), Harland Burlage Citizen.
There were several issues Judge Negangard wanted to nail down.
1. To save $2,000 per day cost for ESS to be the election technician, they wanted to use a county clerks office employee who is well trained on the machines. Her name is Debbie Bentle. Clerk of Courts- Wendy Beatty- took the stand to attest to Bentle's 9 years of election work qualifications. Both sets of attorneys eventually agreed to accept her as technician for the machines. The statute requires one. Per Ms Harter and Negangard- the technician is less of an issue because this is a hand count.
2. Hand count was requested by Mike Lawrence and his attorney. Thatcher's attorneys did not want a hand count. Stewart cited IC 3-12-6-12.5 and Definition sections 3-5-2-21, 3-5-2-4.5, and 3-5-2-2 to state that if the hand recount was not part of teh original petition it was not allowed.
Ms Harter for Mr Lawrence asked for the manual recount stating that if the petition is filed in a timely manner they are allowed to amend itr under IC 3-12-6-7.
Negangard ruled that he is allowing a manual recount because the statute allows permission for amendment and he's giving full meaning to what the legislature intended. The common meaning of recount is manual recount and Mike Lawrence was not represented by an attorney at the time he requested the recount so he would not have known to ask for it differently. The pubic wants to see what the ballots show. The easiest manner to do this is a hand count and NOT rely on the machines. It also helps with what we pay for ESS.
3. Forms prepared by the Clerks office for recount were sown to Thatcher and described to Lawrence over Zoom.
There will be 3 sets of teams with 2 seasoned poll workers on each team One D and One R for each team. They will empty the totes in public and tabulate in public. They will do precincts, absentees, election day votes and disputed ballots, and ballots not accepted will all be accounted for.
Each candidate gets to pick 1 watcher for each team. (So 3 total per candidate)
There is state wide voters access to website. Candidates and counsel can be present. Open Door Law is followed- the public can watch from a distance and not interfere with the process and protect ballot security. This can be recorded by video and or audio.
It will take place in the Old Comissioners meeting room ( the same room that early voting is held)
The attorneys accepted the process. No election materials will be viewable by media for recording. There is a designated media and public viewing area.
The recount was set for Monday June 24th to start at 9 AM. Judge Negangard's Order will be posted in Clerk's office.
Court ended at 2:10 PM
Christine Brauer Mueller
Lawrenceburg Township
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