Injunction hearing going on Saturday afternoon to halt St. Lucie recount

Murphy files injunction

FORT PIERCE — As St. Lucie County election workers continue recounting ballots on Saturday afternoon for the tight District 18 congressional race, a circuit court judge is hearing a motion to halt the recount.

As of 2:30 p.m. Saturday, Circuit Judge Larry Schack was hearing a motion by Democrat Patrick Murphy's camp to halt the recount of all of the early ballots cast for the race. The recount began shortly after 11 a.m. in the race that has Murphy leading Republican Allen West.

Around 10 a.m. Saturday, Murphy lawyer Liz Howard publicly informed the county Canvassing Board the had campaign filed for a preliminary injunction to prevent the recount from going forward.

However, Assistant County Attorney Heather Young said she had not yet received any court orders and the recount of early voting ballots commenced.

Earlier in the morning, Canvassing Board member Tod Mowery addressed a crowd gathered behind a barrier of orange traffic cones that separated observers from machines and election workers. About 100 people were at the elections office this morning for the 9 a.m. recount.

Mowery confirmed that 306 uncounted ballots had been "noted" by state Division of Elections.

He later explained the 306 ballots that had not yet been counted were ballots that contained one or more write-in choices. All these ballots were cast on Nov. 1-3, the days which had been recounted last Sunday.

A write-in vote in any race caused the vote tabulating machines to reject the ballots, he said.

Regardless of what happens Saturday, the Fort Pierce mayoral race should not be effected. Mowery said all ballots had been recounted in that close race, which Linda Hudson won over Vince Gaskin.

Mowery said the presence of law officers was because there were open ballots in the room that needed protected.

In addition to observers from both Murphy and West campaigns, there also was a contingent from the U.S. House Administrative Committee. One of those observers, Mark Braden, said they had been called to Fort Pierce by the West campaign.

Braden said the District 18 contest was one of about a half-dozen races nationwide to which committee observers had been called. He was not able to immediately recall the others.

In a prepared statement issued this morning, West for Congress campaign manager Tim Edson said, "In a last-ditch effort to suppress the vote, Murphy's lawyers submitted sloppy and incomplete papers to the Court this morning to try to strong-arm the judge into preventing today's retabulation already underway.

"The Murphy team's motion is procedurally and substantively lacking. With every action attempted, Murphy demonstrates a complete lack of respect and utter disregard for the voters of St. Lucie County."

The decision to recount the ballots came after a state elections auditor on Friday found the box of 306 early ballots that never were counted.

David Drury, head of the Division of Elections Bureau of Voting Systems Certifications on hand for the audit, made a "personal" recommendation the St. Lucie County Canvassing Board rerun ballots from five early voting days that hadn't been counted. The board decided instead to count all eight days, which includes three days that had been recounted last Sunday.

The board has a tight window to finish the recount as it has to finalize results to send to the state by noon Sunday. The state certifies all races Tuesday.

On Friday, St. Lucie County Judge Dan Vaughn denied West's motion to order a recount of all 37,379 early ballots. Vaughn ruled he didn't have authority to call for a recount, but said his decision didn't "bind the canvassing board from doing what they think is appropriate in these circumstances."

A subsequent seven-hour canvassing board meeting Friday, however, resulted in the board deciding to recount all of the ballots, despite questions about their legal authority to do so.

Lawyers for Murphy said if the canvassing board decides to recount all early votes Friday afternoon, they would be breaking the law. They said statutes only lets canvassing boards retabulate the precincts and days that have specific problems, not a blanket recounting of votes.

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