The Kent County Recorder of Deeds race came out a tie after nearly 38,500 votes were counted in the recount held today. Judge Robert Young, said that “our one job was to insure that the community is heard”. Consistent with that mandate, the Kent County Department of Elections insured the ballots were competently counted and both sides had the chance to review the disputed ballots. 5 were questionable, 4 were for Democrat incumbent Betty Lou McKenna and one was for Republican Challenger La Mar Gunn. One ballot in particular had every Democratic name x’d out. That ballot was counted for McKenna after the Judge ruled with McKenna and her attorney John Paradee and could become the centerpiece of an appeal to the State Supreme Court.
One Republican volunteer, who missed the registration deadline, said”Now my day is ruined… I had a bad feeling about not being registered.” How many others on both sides just didn’t get around to voting? In local races, every vote truly matters, says someone who lost by 8 votes before winning the next election. Of course it is not just local races, Al Gore still wonders where he could have found 538 votes in Florida.
The next step is to determine if Gunn wants to appeal, which he said is likely. If the result stands, one vote will matter, the vote of Governor Jack Markell. According to title 15, section 331, the Governor picks one of the two for a two year term instead of a four year term.
The language is found in Section 331, Title 9 (Counties):
§ 331 Tie vote in election; appointment by Governor.
Should any 2 or more persons voted for as officials of the county governing body receive an equal and the highest number of votes cast at any election, the Superior Court, sitting as a board of canvass in the county in which the tie vote occurs, shall certify the fact to the Governor who shall forthwith appoint 1 of the candidates involved in the tie to be 1 of the county governing officials for the county. The person appointed shall hold the office for the term of 2 years from the first Tuesday in January then next ensuing.
When did the Register of Wills become part of the governing body? Wouldn’t the commisioners be the only governing body at the county level?
The odds of a tie in an election with 38,500 votes is statistically improbable at best in the first place.
Then, the more times the votes are counted , the closer a race will inevitably become. This is not a “tie”, but rather a stalemate, and should be scrutinized as such.