The Summit County Board of Elections proceeded Tuesday with recounts in four close races after settling a procedural question a candidate raised.
Magistrate Jon Oldham, who trails Akron Municipal Judge Katarina Cook by 17 votes in their race, wanted to look at the Nov. 5 ballots before they were run through tabulation machines. He cited an attorney general’s opinion to bolster his argument.
That opinion, however, conflicted with a more recent directive Ohio Secretary of State Jon Husted issued.
The board held an emergency meeting Tuesday afternoon and asked Husted to weigh in. His office advised the board to follow his directive, which does not permit a candidate to examine ballots. The candidate is permitted to observe the recount or to have someone else watch the process.
“I owe it to my supporters and to myself to make sure the law is fully carried out and complied with,” Oldham said after the board meeting.
The outcomes of four races from Nov. 5 were separated by 0.5 percent or less, which triggers an automatic recount.
The board, as required by Husted’s directive, did hand counts of 5 percent of the votes cast in the close races — Akron judge, Richfield Township trustee, Tallmadge council-at-large and a Manchester school levy — with all of the results matching. Board employees then ran all of the ballots in the races through the tabulating machines to double check all of the results.
The recounts weren’t completed in the judge race, which involves 161 precincts, by the board’s stopping time at 4:30 p.m. Tuesday, with the counting to resume this morning.
Recounts were finished Tuesday in the three other contests, with the original results verified. That means challenger Robert Luther beat Richfield Township Trustee Laurie Peters and the Manchester school levy passed.
Summit’s original results also were verified for the contest for the third at-large Tallmadge council seat between two incumbents. Part of Tallmadge, however, votes in Portage County, where the board will recount results at 9 a.m. Thursday.
Unofficial results from Summit and Portage counties show Councilwoman Kim Ray besting Council President Robert Maguire by 19 votes.
Ward 3 Councilman James Donovan and Councilman-at-large John Rensel won the other two Tallmadge at-large seats.
The Summit board will meet Dec. 9 to certify the results of the recounts.
The attorney general’s opinion that Oldham referenced, which dates from 1974, reads: “Witnesses have a right to see each ballot, including those designed to be counted by automatic tabulating equipment.”
Husted’s directive, issued in October 2012, says ballots may be handled only by board of elections members and employees, and that candidates may attend and observe the recount or designate another person to witness the process. If the recount is performed at more than one work station, the candidate can have an observer at each station.
The board’s Republican members pointed out that the attorney general’s opinion was written so long ago that elections boards’ equipment and procedures have changed dramatically. The opinion mentions “ballot cards,” which no longer exist.
“Directives have the force of Ohio law,” said Alex Arshinkoff, a Republican board member and the county GOP chairman. “The attorney general opinion is just another man’s opinion.”
Oldham’s supporters, however, pointed out that this attorney general opinion is cited in Husted’s directive.
Matthew Damschroder, Husted’s director of elections, said in an email to the board Tuesday that Husted’s directive from 2012 outlines the procedures for recounts and advised the board to follow the directive.
Tim Gorbach, the board’s Democratic chairman, said Damschroder didn’t directly answer the board’s question about the conflict between Husted’s directive and the attorney general’s opinion. However, he said, he didn’t want to hold up the recount process. He said the candidates and board members and employees are eager for these close races to be called.
“Nobody wants to stop the recount,” Gorbach said. “It’s gone great. Everything’s matched, which is positive.”
Stephanie Warsmith can be reached at 330-996-3705 or swarsmith@thebeaconjournal.com. Follow on Twitter: @swarsmith.