News From Terre Haute, Indiana

Local & Bistate

December 14, 2007

Recount extends Mayor-elect Bennett’s margin of victory to 110 votes

TERRE HAUTE — Recount results completed Friday morning extended Mayor-elect Duke Bennett’s margin of victory in his win over incumbent Kevin Burke.

A court-appointed commission’s recount shows that Republican Bennett defeated Burke by 110 votes, three votes more than his margin in previously-certified election night results. Bennett received 6,054 votes, while Burke received 5,944, the certified recount votes show.

The previous total showed Bennett received 6,055 votes to Burke’s 5,948.

“Of course, never been through a recount before, but most recounts, there’s going to be a little difference here or there,” said Bill Treadway, chairman of the Vigo County Republican Party, who watched the recount process for Bennett.

Commissioners spent two weeks tallying the ballots. Bennett’s margin of victory was less than one percent of the more than 12,000 ballots cast in the election.

The discrepancies found were unintentional, according to Burke watcher Bill Lower.

“The method of the election, I think, is very good. It’s very secure,” Lower said, “and the voters should welcome that knowledge from the recount.”

Watchers such as Treadway and Lower could challenge ballots, as both sides did, as well as precincts. The disputed issues are not included in the certified recount results. It was not immediately known the number of ballots each side contested during the recount.

Vigo Superior Court Judge David Bolk has said that the challenges could form the basis of a potential appeal to the recount.

Burke watchers challenged four precincts over the course of the two weeks. They declined to give specific details as to why they challenged the precincts, though Lower has said those challenges were made based on specific legal points.

If those four precincts were to be eliminated, Bennett would have lost more than 90 votes in his margin of victory.

Bennett attorney James Bopp Jr. said Thursday that Burke’s team is challenging precincts “in a desperate attempt to reverse the election, and that’s their strategy.”

Burke attorney Ed DeLaney said Friday afternoon he had some limited information about the recount, and he would be reviewing it.

“Well, I’ll just overview the situation and decide what we should do,” DeLaney said, “but right now I’m busy getting ready for the hearing.”

A court date is scheduled Monday for another petition Burke filed, in which he contests the election results by challenging Bennett’s eligibility for candidacy.

Bopp said Friday that he was “completely unsurprised” by the recount results.

“I think with the types of systems we use now, anyone is foolish to call a recount if the margin is more than 10 votes,” he said.

Commission member Jeffrey Harpole declined a request for an interview. Commission member Dora May Abel said that it was a learning experience, though it was a long process.

“… Much longer than we anticipated,” Abel said. “We’re happy to have it done.”

Austin Arceo can be reached at (812) 231-4214 or austin.arceo@tribstar.com.

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