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Recount starts Friday


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#21 Savile Row

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Posted 16 December 2015 - 10:01 AM

Breakfast Club

INTERPRETING STRAIGHT-PARTY BALLOTS
The commission ruled that the ballots of each precinct will be segregated prior to the counting of thatprecinct in this way:
A. Ballots of straight-party votes only, both Republican and Democrat
B. Ballots in which no straight-party vote is indicated
C. Ballots in which a straight-party vote is indicated but also includes an individual vote or votes for a city council candidate of the opposite political party from the straight-party mark.”

The commission ruled that straight-party ballots be interpreted according to Indiana code 3-12-1-7.
"This would mean

that in the case that a person voted a straight-party ballot

and then in the At-large section made an additional selection of one

of the candidates from that party,

it would not only be that candidate but all three candidates from that party who receive the vote.

 

Also, If there is a straight-party ticket

and then the voter individually marks a Democrat and Republican

in the At-large section, the straight-party vote does not apply there and instead

the two individual votes will be counted, Perkins said."

 

 

 

http://www.newsandtr...66d8a8756f.html


Edited by Savile Row, 16 December 2015 - 10:05 AM.


#22 Savile Row

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Posted 16 December 2015 - 10:11 AM

Breakfast Club Strangeness Alert

The commission ruled that straight-party ballots be interpreted according to Indiana code 3-12-1-7.

 

"This would mean
that in the case that a person voted a straight-party ballot
and then in the At-Large section made an additional selection of ONE
of the candidates from that party,

it would not only be that candidate but all THREE candidates from that party who receive the vote."

 

WHO WROTE THAT LAW?

 

If it is the intent of a voter to

make  a straight ticket vote for one party,

but the voter clearly votes for ONE at-large candidate of the other party,

how can that be an INTENT to vote for ALL THREE candidates of the other party?

 

That appears to NOT be the clear INTENT of the voter...

Is this information which has been provided to us by the N-T

an accurate explanation

of what this recount commissission is actually allowing?

If IC 3-12-1-7 says that, shouldn't that provision be challenged and overturned?


Edited by Savile Row, 16 December 2015 - 10:17 AM.


#23 kelley

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Posted 16 December 2015 - 11:29 AM

Breakfast Club Strangeness Alert
The commission ruled that straight-party ballots be interpreted according to Indiana code 3-12-1-7.

"This would mean
that in the case that a person voted a straight-party ballot
and then in the At-Large section made an additional selection of ONE
of the candidates from that party,

it would not only be that candidate but all THREE candidates from that party who receive the vote."

WHO WROTE THAT LAW?

If it is the intent of a voter to
make a straight ticket vote for one party,
but the voter clearly votes for ONE at-large candidate of the other party,
how can that be an INTENT to vote for ALL THREE candidates of the other party?

That appears to NOT be the clear INTENT of the voter...
Is this information which has been provided to us by the N-T
an accurate explanation
of what this recount commissission is actually allowing?
If IC 3-12-1-7 says that, shouldn't that provision be challenged and overturned?


Right.

If someone is voting for only one candidate at large and they voted straight party for the same party as the at large candidate, they meant to vote for that candidate ONLY. Someone needs to be straightened out. As to who wrote the law, assuming the interpretation is accurate, my guess is a loyal Republican or Democrat, the bastard.

#24 Pesty Version 2

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Posted 16 December 2015 - 01:12 PM

I can understand the confusion.  If you want to vote all one party, but, in  an at large race wish to vote for a single

candidate in that party and ONLY that person,  (a tactic used by some to enhance their favorite's chance of

winning)  the wise voter will mark all the other races for the party of their choice and then cast a singe vote

in the at large race.  That ballot will ONLY be read as a vote for that specific candidate in the at larger race.

 

When you vote straight ticket,   you are casting a vote for ALL the candidates of that party in an at large

contest. Marking one of them is attempting to cast a vote you don't have....it's an 'over vote'. 

 

In the case of a straight ticket vote but you vote in the at large for one of the other party....ONLY that vote

will count in the at large. Why? because no one knows how to alot the two other votes you have to cast

in that contest.  

 

***************************************

 

Interesting stuff....for wonks. 



#25 Savile Row

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Posted 16 December 2015 - 01:53 PM

If a voter intends
is to vote for only ONE
of the three at-large combatants
with the subsequent intentional act
but  the electric vote counting machine
records votes for additional candidates for which they were NOT intended?
Current Indiana law blindly supports that override
of the voter's intention?
 
Nooo way that can be allowed to stand.
Who wrote that law?
SMH !
 
Does Voter Intent Count?

Time to quickly litigate
and correct this government imposed injustice! 
The number of votes improperly counted as being
for all three at-large opposite party candidates must be preserved in order to determine
if the "not intended" votes changed the outcome of the election.
 
Somebody
can really be getting screwed
by an improper policy and statewide law supporting it.
 
 
IC- 3-12-1-7

It appears that the current county clerks,
including Susan Popp, and the previous elected clerks
in all 92 Indiana counties, are apparently correctly following
the current wording of the Indiana
law according to learned legal council.
It also appears that the machines are correctly programed to record
the votes as is directed by current Indiana law.
 
However, it certainly seems that  the law itself  is really flawed.
Who wrote that law? SMH !


Edited by Savile Row, 16 December 2015 - 02:32 PM.


#26 Savile Row

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Posted 16 December 2015 - 03:30 PM

Ind. Code § 3-12-1-7 :

Indiana Code - Section 3-12-1-7: Straight party ticket voting; counting multiple votes - See more at: http://codes.lp.find...h.3BbcjDfU.dpuf

(a) This subsection applies whenever a voter:

(1) votes a straight party ticket; and

(2) votes only for one (1) or more individual candidates

who are all of the same political party as the straight ticket vote.

The straight ticket vote shall be counted and the individual candidate

votes may not be counted.

(b) This subsection applies whenever:

(1) a voter has voted a straight party ticket for the candidates of one (1) political party;

(2) only one (1) person may be elected to an office; and

(3) the voter has voted for one (1) individual candidate

for the office described in subdivision

(2) who is: (A) a candidate of a political party other than

the party for which the voter voted a straight ticket; or

(B) an independent candidate for the office.

If the voter has voted for one (1) individual candidate

for the office described in subdivision (2),

the individual candidate vote for that office shall be counted,

the straight party ticket vote for that office may not be counted,

and the straight party ticket votes for other offices on the ballot shall be counted.

© This subsection applies whenever:

(1) a voter has voted a straight party ticket

for the candidates of one (1) political party; and

(2) the voter has voted for more individual candidates

for the office than the number of persons to be elected to that office.

The individual candidate votes for that office may not be counted,

the straight party ticket vote for that office may not be counted,

and the straight party ticket votes for other offices

on the ballot shall be counted.

(d) This subsection applies whenever:

(1) a voter has voted a straight party ticket for the candidates of one (1) political party;

(2) more than one (1) person may be elected to an office; and

(3) the voter has voted for individual candidates for the office described in subdivision (2)

who are:

(A) independent candidates;

(B) candidates of a political party other than the political party

for which the voter cast a straight party ticket under subdivision (1); or

© a combination of candidates described in clauses (A) and (B).

The individual votes cast by the voter for the office

for the independent candidates

and the candidates of a political party other than the political party

for which the voter cast a straight party ticket shall be counted.

The straight party ticket vote cast by that voter

for that office shall be counted

unless the total number of votes cast for the office by the voter,

when adding the voter's votes for the individual candidates for the office

and the voter's straight party ticket votes for the office, is greater than the number of persons

to be elected to the office.

If the total number of votes cast for the office is greater

than the number of persons to be elected to the office,

the straight party ticket votes for the office may not be counted.

The straight party ticket votes for other offices on the voter's ballot shall be counted.

(e) This subsection applies whenever:

(1) a voter has voted a straight party ticket for the candidates of one (1) political party;

(2) more than one (1) person may be elected to an office; and

(3) the voter has voted for individual candidates for the office described in subdivision (2) who are:

(A) independent candidates or candidates of a political party other than the political party for which the voter cast a straight party ticket under subdivision (1); and

(B) candidates of the same political party for which the voter cast a straight party ticket

under subdivision (1).

The individual votes cast by the voter for the office

for the independent candidates and the candidates of a political party

other than the political party for which the voter cast a straight party ticket

shall be counted.

The individual votes cast by the voter for the office for the candidates

of the same political party for which the voter cast a straight party ticket may not be counted.

The straight party ticket vote cast by that voter for that office shall be counted

unless the total number of votes cast for the office by the voter,

when adding the voter's votes for the individual candidates for the office

and the voter's straight party ticket vote for the office is greater than the number of persons

to be elected to the office.

If the total number of votes cast for the office is greater than

the number of persons to be elected to the office,

the straight party ticket votes for that office may not be counted.

The straight party ticket votes for other offices on the voter's ballot shall be counted.

(f) If a voter votes a straight party ticket for more than one (1) political party,

the whole ballot is void with regard to all candidates nominated by a political party

or designated as independent candidates on the ballot.

However, the voter's vote for a school board candidate or on a public question

shall be counted if otherwise valid under this chapter.

(g) If a voter does not vote a straight party ticket and the number of votes cast

by that voter for the candidates for an office are less than or equal

to the number of openings for that office,

the individual candidates votes shall be counted.

(h) If a voter does not vote a straight party ticket

and the number of votes cast by that voter for an office

exceeds the number of openings for that office,

none of the votes concerning that office

may be counted.

As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.37; P.L.3-1993, SEC.178; P.L.3-1997, SEC.339; P.L.164-2006, SEC.124. - See more at: http://codes.lp.find...h.3BbcjDfU.dpuf


Edited by Savile Row, 16 December 2015 - 04:19 PM.


#27 Savile Row

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Posted 16 December 2015 - 03:42 PM

e) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates
of one (1) political party;
(2) more than one (1) person may be elected to an office;
and (3) the voter has voted for individual candidates for the office described
in subdivision (2) who are:
(A) independent candidates
or candidates of a political party other than
the political party for which the voter cast a straight party ticket

under subdivision (1);
and
B) candidates of the same political party for which the voter cast a straight party ticket under subdivision (1).
The individual votes cast by the voter for the office
for the independent candidates
and the candidates of a political party
other than the political party for which the voter cast a straight party ticket
shall be counted
.
The individual votes cast by the voter
for the office for the candidates of the same political party
for which the voter cast a straight party ticket
may not be counted.

The straight party ticket vote cast by that voter
for that office shall be counted unless
the total number of votes cast for the office by the voter,
when adding the voter's votes for the individual candidates for the office
and the voter's straight party ticket vote
for the office is greater than the number of persons to be elected to the office.
If the total number of votes cast for the office is greater than
the number of persons to be elected to the office,
the straight party ticket votes for that office
may not be counted.
The straight party ticket votes for other offices
on the voter's ballot shall be counted.


Edited by Savile Row, 16 December 2015 - 03:57 PM.


#28 Savile Row

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Posted 16 December 2015 - 04:02 PM

(d) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of one (1) political party;
(2) more than one (1) person may be elected to an office; and
(3) the voter has voted for individual candidates
for the office described in subdivision (2)
who are: (A) independent candidates;
(B) candidates of a political party
other than the political party
for which the voter cast a straight party ticket under subdivision (1).
 
 C) a combination of candidates described in clauses (A) and (B).

The individual votes cast by the voter for the office for the independent candidates

and the candidates of a political party other than the political party

for which the voter cast a straight party ticket shall be counted.

The straight party ticket vote cast by that voter

for that office shall be counted unless the total number of votes

cast for the office by the voter, when adding the voter's votes for the individual candidates

for the office and the voter's straight party ticket votes for the office,

is greater than the number of persons to be elected to the office.

If the total number of votes cast for the office is greater

than the number of persons to be elected to the office,

the straight party ticket votes for the office may not be counted.

The straight party ticket votes for other offices

on the voter's ballot shall be counted. -
 
 
See more at: http://codes.lp.find...h.3BbcjDfU.dpuf


Edited by Savile Row, 16 December 2015 - 04:08 PM.


#29 Savile Row

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Posted 16 December 2015 - 04:25 PM

The interpretation to count three at-large votes
when only one or two is cast for the party other than
the party which received the straight ticket vote seems to be evasive.



"The individual votes cast
by the voter for the office for the independent candidates
and the candidates of a political party other than the political party
for which the voter cast a straight party ticket shall be counted."

"C) a combination of candidates described in clauses (A) and (B).

The individual votes cast by the voter for the office for the independent candidates

and the candidates of a political party other than the political party for which the voter

cast a straight party ticket shall be counted.

The straight party ticket vote cast by that voter for that office shall be counted."

 

There may be case law on an interpretation

of this; however, if this  references a STRAIGHT TICKET vote

for the At-Large races of the opposite party,

would all three would be counted

as having received a vote when the ballot was only marked for one at-large candidate?

Where is the interpretation that if only one vote is cast for one candidate

of the opposite party in the at-large race

that all three of those candidates

would magically receive a straight ticket vote?


Edited by Savile Row, 16 December 2015 - 04:52 PM.


#30 Savile Row

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Posted 16 December 2015 - 05:21 PM

Recount Update Fun!
 

It looks like bro Pesty has been in touch with the learned 'GSL'.

 

Pesty posted:
"In the case of a straight ticket vote

but you vote in the at large for one of the other party....ONLY that vote
will count in the at large race"....

 
Thank you Pesty!

Attorneys David Mosley, Larry Wilder, and Dawn Elston have this well in hand.

The discussion that has been making the rounds today

has had the concerns and the questions resolved!

The clerk's office is following the law.

The lawyers are being very vigilant.

A sound recount is occurring.
:popcorn:


Edited by Savile Row, 16 December 2015 - 05:53 PM.


#31 Pesty Version 2

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Posted 16 December 2015 - 08:31 PM

The GSL looked like he was drunk when he relayed the news...but perhaps his info was ok. 



#32 snowman

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Posted 18 December 2015 - 12:17 PM

have the final results been published?



#33 Pesty Version 2

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Posted 18 December 2015 - 01:21 PM

Recount is still going on.  It takes time to do right. Perhaps we will know on Monday.



#34 snowman

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Posted 18 December 2015 - 01:36 PM

seemed like a long time already, thought i'd missed it. thanks!



#35 Pesty Version 2

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Posted 19 December 2015 - 11:10 PM

The job of the counters is done.  There will be a hearing Monday morning at 9 am.

The candidate's lawyers will or may argue for or against some ballots being counted.

 

The RCC will rule and we will have a result. 

 

Then, if it makes a difference, expect an appeal process to Judge Adams. If not,

It will likely be over.

 

Maybe.



#36 HadAboutEnough

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Posted 20 December 2015 - 11:08 AM

Good to know that this will be clearly, possibly, and probably definitely be the most-likely final outcome after what is perhaps the most definitive recount to all appearances.


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#37 JeffConservative17

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Posted 22 December 2015 - 06:50 PM

Councilman Steve Webb was certified by the Recount Commission as the winner of the 3rd and final seat for the City Council At-Large. Thank you to the candidates for placing their names into consideration, the lawyers for effectively representing their clients, the Commission for taking the time to diligently complete this process, and all of those citizens of Jeff who gave time, energy, talent, and support to the Recount Process.

 

Here is to moving forward with a new Council for 4 more great years in Jeff!


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#38 ChopperWoman

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Posted 22 December 2015 - 07:09 PM

Yes! Thanks for the good news.

#39 Savile Row

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Posted 23 December 2015 - 02:03 PM

The make up and attitude of the incoming council should be completely different than the last one.

The question for the short run,

as a recount commission person,

what is brother JP up to?

He has apparently. like, dude,   really enjoyed the combat in this very through

exhaustive two week  re-count process.

Who were the other recount commissioners?

JP seemed to have gotten all of the limelight....

 

:bye:


Edited by Savile Row, 23 December 2015 - 02:35 PM.


#40 Savile Row

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Posted 23 December 2015 - 02:24 PM

"Nick Mobley and Tony Wadsworth were the other appointed commissioners."






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