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In the News
 
November 4, 2004 4:56 PM By HARVEY KRONBERG
Quorum Report
DETAILS ON HEFLIN-VO COUNT
Secretary of State complains over lack of continuous count

(HOUSTON) — A spokesman for Harris County's elections administrations office says the decision to postpone the count of absentee ballots in the House District 149 race has not been influenced by the Secretary of State's office.

Public information officer David Beirne said the count had been delayed because the two candidates, Rep. Talmadge Heflin (R-Houston) and Democratic challenger Hubert Vo, were not in agreement over today's count.

The count will now take place at 1 p.m. on Sunday and will be expanded to include all mail-in, provisional and military ballots from across the county. The ballot board was due to review only 130 mail-in and 181 provisional ballots in HD 149 at today's meeting.

"We want to extend as much transparency as possible to the process because of the closeness of the race," Beirne said. "There was a lack of mutual consent among the candidates and we will consider all the mail-in ballots and the provisional ballots from across the county on Sunday."

Beirne did not say which candidate was unhappy with today's arrangements. Vo spokesman Kelly Fero contacted QR to say Vo had not been consulted over the ballot board meeting.

Fero said that Ann McGeehan, director of elections in the Secretary of State's Office, had informed Harris County elections officer Beverly Kaufman that ballot counting for a single legislative district could not be segregated from the rest of the process of counting provisional, absentee and military ballots.

Bill Kenyon, a spokesman for Secretary of State Geoff Connor, confirmed that his office had been in "constant contact" with Harris County officials and had "encouraged" them to count all absentee ballots from across the county at the same time. Kenyon said he understood there were about 2,000 absentee ballots still to be counted across the county.

 

Kenyon said the Election Code clearly stated that there should be a continuous count on election night until all votes had been counted. He said the absentee ballots should have been counted then.

After Kaufman contacted the Secretary of State's Office on election night, Connor's office updated its Web site with an initial count giving Vo a lead of 52 votes. Later on, Kaufman said Vo's lead had shrunk to 38 votes. Normally partial early vote returns are not posted by the Secretary of State.
Beirne dismissed Kenyon's criticism that the mail-in ballots could and should have been counted on election night.

"Elections are not static and the count continues until all absentee, provisional and oversees ballots are included in the final count for canvassing," Beirne said. "In a perfect environment all the ballots would have been counted. You do the best you can."
Beirne said 63 mail-in ballots had already been rejected or put aside for further review. He said the ballot board would be expanded for Sunday's meeting and that Republican Peggy Mason would be the presiding judge.

This is not the first time this year that the Secretary of State's Office has complained about the lack of a continuous count on election night. In the March primaries, Connor insisted that Zapata County continue its count in the Congressional District 28 race after its ballot-counting machine broke down. Zapata County brought in students to finish the count by hand.

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