 The State Board of Elections will meet to certify results from the
Feb. 2 primary and declare a winner in the race for the GOP
nomination that had been too close to call. But if either candidate
seeks a recount, the process could drag on for months.Unofficial
election night results compiled by The Associated Press showed state
Sen. Bill Brady with a lead of 420 votes over Sen. Kirk Dillard.
Absentee and provisional ballots counted since then have narrowed
the gap to about 250 votes, the campaigns say.
Dillard has said that if Friday's margin is less than 100 votes,
he may challenge the results, something election law allows for any
candidate who gets at least 95 percent of the winner's vote total.
"If Dillard really has the will to fight, it would be a big
fight," said attorney Richard Means, who wrote a handbook on
Illinois election law. "It is a long and very cumbersome process."
Here's a look at that procedure:
Seeking a recount is not something Illinois candidates take
lightly, particularly in a primary race.
A recount is expensive and takes months, which means losing
valuable campaigning time and funds before November. One expert
estimates it could cost each candidate $1 million between lawyers
and filing fees for a verdict.
If Dillard were to seek a recount, he'd be challenging a fellow
Republican. That means creating dissent within his own party and
probably making it more difficult for the eventual nominee to defeat
Democratic Gov. Pat Quinn. He'd have to decide whether that risk is
worth the possible reward.
The last time a candidate called for a recount in a major
statewide office was 1982, when official results showed Democrat
Adlai Stevenson III coming within about 5,000 votes of Republican
Gov. Jim Thompson. Stevenson petitioned for a recount in the
Illinois Supreme Court, citing widespread fraud. The court denied a
recount, and Stevenson conceded defeat.
If a candidate does decide to ask for a recount, there are a few
ways to go about it.
This is the most common first step: If a candidate believes there
were problems with counting votes in a particular area, he or she
has until March 10 to file a petition with the local election
authority. The petition calls for an investigation that would
include examining ballots and voting machines in up to 25 percent of
the authority's territory.
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The candidate can petition many different jurisdictions, but
there's a $10 fee for each precinct involved, said Dan White,
executive director of the Illinois State Board of Elections. For
instance, DuPage County has 749 precincts, so inspecting 25 percent
of them would cost about $1,870.
Most of the time, a discovery recount shows there aren't problems
and the process is over. If there are issues, there are two other
options.
Within 10 days of the state's certified results, the candidate
can file a petition in any circuit court in Illinois outlining
reasons for a recount, according to White. An example would be
inaccuracies with absentee ballots. A candidate would likely choose
this option if there appears to be a problem in an isolated area.
The rest is up to the court, which could deny or order a recount in
a particular area.
This is the most expensive and lengthy option: If problems appear
to be widespread and affect a large portion of the state's 110
election jurisdictions, the candidate can petition the Illinois
Supreme Court within 15 days. It costs $10,000 for the filing fee.
From there, the court itself or through an appointed circuit judge
can call for a ballot recount by the State Board of Elections or
deny a recount.
According to election law, a recount would cost each candidate
$50 per precinct or up to $75,000, whichever is less. But if there
are additional costs, like hours logged by state workers, they would
be at taxpayer expense.
White said it is difficult to speculate about the cost, since
there isn't a precedent for a statewide recount, but acknowledged,
"These things are not inexpensive."
___
On the Net:
Illinois State Board of Elections:
www.elections.state.il.us/
[Associated Press;
By SOPHIA TAREEN]
Copyright 2010 The Associated Press. All rights reserved. This
material may not be published, broadcast, rewritten or
redistributed.
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