DA requests investigation of county absentee voting   (AL)

Penny L. Pool     The Randolph Leader      11 June 2008

Fifth Judicial District Attorney E. Paul Jones has confirmed he has requested an investigation of absentee ballots in last Tuesday's primary but said his letter has been mailed so recently the attorney general's office may not have received it.

"I have had complaints from citizens regarding absentee ballots in Randolph County but I and my office don't have the resources and expertise to investigate allegations of this sort," Jones said.

"I have asked the AG's office to look at it. They have the knowledge, resources and expertise to investigate and are investigating an incident in Perry County," Jones said.

"The allegations I heard were related to the commission races. I don't know if they spilled over in other races," he said.

Republican Party chairman Bob Fincher and Democratic Party chairman James Harris met Tuesday morning in Probate Judge George Diamond's office to certify the election, and Harris said there was one change.

Of the four provisional absentee ballots checked by the Board of Registrars Don McLeod said one could be counted. There were paperwork problems with the other three, he said.

Harris said he personally opened it and it was a vote for Commission Candidate Richard Fetner, who lost by seven votes to District 4 Commissioner T.J. "June" Waldrep. This cut the interim commissioner's lead to six.

"All I'm asking is for the absentees to be investigated," Fetner said last week. Fetner had 321 votes or 49.46 percent to Waldrep's 328 votes or 50.54 percent. Fetner did not attend the canvass of the results; however he did call Harris Tuesday morning asking if he could attend the meeting.

"It's my understanding he is going to go on through with the contest," Harris said. Harris said he is calling specialists in elections to ensure they are doing everything right.

"I don't want to show favoritism to anybody," Harris said. Anyone wanting to contest has from noon on Tuesday until noon on Thursday to provide Harris with their intent to contest.

District No. 3 Commissioner Kevin Spears, who lost his primary by a three-vote margin, said, "I don't know if there is anything to contest really. There is a difference between a contest and a recount. If it's a recount they will just put the same ballots through the same machines. It is all computerized. I got beat by three votes is about all you can say."

"I don't think anything good would come out of it. It would not be good for the county," Spears said. He is not ruling out running for another office in either two years or four years, no office in particular.

Of the county's 15,455 registered voters, in uncertified results a total of 3,856 votes were cast or almost 25 percent in a light turnout for a primarily local election. There will be no Democratic runoffs July 15; only two statewide Republican races will be decided.

This was a party primary so if a contest is filed the party has to investigate and gather information and issue subpoenas, if necessary, Harris said. There is no automatic recount in the primary, not matter how close the race, he said, but in the general election there is.

Waldrep received 82 absentee votes while Fetner received 19 absentee votes. The absentee box usually comes in first. Those votes are counted in the courthouse. But, June 3 the Swagg box came in first and several officials said they thought the poll workers were being very careful while counting the absentee votes.