OH Recount Provisions: 5 Voters vs. Losing Candidate

[rabid_nerd]

BBV is asserting it only takes 5 voters (from each county) to call for a recount.

http://moritzlaw.osu.edu/electionlaw/procedures_recount01.html

"Any losing nominee or candidate in a primary, general, or special election can request a recount. Also, a group of five or more voters can request a recount on a question or issue. The recount process begins by filing a written application with the Board of Elections of each county in which votes are to be recounted. R.C. 3515.01. The application must be filed within five days after the results were declared. R.C. 3515.02. The application must also list each precinct within the county where votes are to be recounted, and for each precinct a $10 deposit must be paid. R.C. 3515.03."

You may try to imply by the wording on this website that it sounds like you could get away with 5 voters in a candidate race, BUT here is the text of Ohio Election Law:

"§ 3515.01 Persons eligible to apply for recount

Any person for whom votes were cast in a primary election for nomination as a candidate for election to an office who was not declared nominated may file with the board of elections of a county a written application for a recount of the votes cast at such primary election in any precinct in such county for all persons for whom votes were cast in such precinct for such nomination.

Any person who was a candidate at a general, special, or primary election for election to an office or position who was not declared elected may file with the board of a county a written application for a recount of the votes cast at such election in any precinct in such county for all candidates for election to such office or position.

Any group of five or more qualified electors may file with the board of a county a written application for a recount of the votes cast at an election in any precinct in such county upon any question or issue, provided that the members of such group shall state in such application either that they voted "Yes" or in favor of such question or issue and that such question or issue was declared defeated or rejected, or that they voted "No" or against such question or issue and that such question or issue was declared carried or adopted. Such group of electors shall, in such application, designate one of the members of the group as chairman, and shall indicate therein the voting residence of each member of such group. In all such applications the person designated as chairman is the applicant for the purposes of sections 3515.01 to 3515.07 of the Revised Code, and all notices required by section 3515.03 of the Revised Code to be given to an applicant for a recount shall be given to such person.

In the recount of absentee ballots that are tallied by county instead of by precinct, as provided in section 3509.06 of the Revised Code, the county shall be considered a separate precinct for purposes of recounting such absentee ballots."

I am concerned that the ONLY way to obtain a recount in Ohio is to get Kerry or a third party candidate (Green or Libertarian - Nader was kicked off at the last minute) to file for a recount.

I don't mean to burst bubbles, but I feel that Ohio, if provisional ballots are strong Kerry and heavily accepted (cutting the deficit by about half) would be the only real shot. JMHO. But I want to get this vetted and I want to know what I don't see here that reads differently from how I read it.

In the mean time, http://www.helpamericarecount.org/

[Jersey Devil]

1. 5 total or 5 from each county?

The way I am reading it it is 5 from each county.

[rabid_nerd]

3. you are right...

I edited..

But my emphasis is did she get hard confirmation about the "question or issue" being the same as a "candidate"?

Just don't want a technicality to kill it.

[pointsoflight]

2. Yep, you got it right.

Kerry or one of the third party candidates would have to request it, unless the final tally has Kerry within .25% of Bush, at which time there would be an automatic recount.

[IAMREALITY]

4. Seems We Can't Request it After All

Based on that statute Bev's assumption is wrong and we are once again powerless. Anybody have the statute for Florida? I believe she said there was a provision there as well?

[crispini]

5. Greens are in!

That's what I've heard.

[IAMREALITY]

6. Woooohooooooo!!!

I'm curious...... Anyone feel like starting a poll as to whether you will vote for the green party next election if they are successful as being the catalysts that overturn this one? LOL