Judge Orders Another Recount in 5th Assembly District Primary

Judge A. Susan Peck called for a second recanvass of votes cast in the Democratic primary race for the fifth Assembly district, Friday. While the order for a recanvass does not represent the judge's final decision, she expressed the existence of sufficient evidence to allow a partial examination of ballots in Windsor and Hartford.

Peck's order calls for a recanvass of votes cast in voting districts one, two and three in Windsor, and the opening of sealed absentee ballot bags in Hartford to ascertain whether or not proper procedure was followed with respect to their bundling.

On August 21, Windsor's Leo Canty was declared the winner of the primary and the Democratic party's nominee in the race for the fifth assembly district seat following a recount of votes in Windsor and Hartford.

.

Claiming a ballot went missing and improper procedure on the part of elections staff, Hartford's

The primary was subject to a recount because the two candidates remained in a dead heat, each receiving 774 votes, when official election results were announced on the August 14 primary night.

The recanvass will be conducted next week, with counsel for all parties appearing in court again on Wednesday to present briefs.

Although Peck has ordered a partial recanvass, she has not taken the prospect of a special election off the table.

What may affect her decision to do so is timing and an upcoming general election with federal and state statutes that dictate the schedule of ballot preparation.

Attorney Maura Murphy-Osborne, acting counsel for the secretary of state's office on behalf of the state attorney general, told Peck that military ballots (ballots shipped to service men and women overseas) must be shipped out by September 21, and absentee ballots for the general election will be mailed by October 5.

Attorney William Sweeney, counsel for McGee, said the results of the recount, if found to be unchanged from the first recount's outcome, would not affect his argument or the claims made in the complaint.

The bottom line, Sweeney said, is two ballots are missing — one in Windsor and one in Hartford — and two ballots are a lot in an election decided by one vote.

The recanvass of Windsor votes will commence on Mon., Sept. 17.

Following the judge's order, the McGee campaign released the following statement:

"I am grateful that Judge Peck confirmed our attorney’s presentation, which included credible evidence to demonstrate a failure by election officials to properly count ballots, to follow and/or adhere to the statutes and regulations set forth by the Secretary of State, and ordered a recanvass. Following this recanvass, Judge Peck has the authority to order another election if she still believes evidence exists that a different outcome is possible. It has been our claim that two missing ballots – one in Hartford and one in Windsor – are the result of major discrepancies and lack of adherence to elections statutes and regulations following the primary election on August 14^th. I am confident that this second recanvass will provide clarity and look forward to its outcome.”