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 By  Staff Reports Published 
10:18 am Tuesday, September 9, 2008

Hodges to hold election recount Monday

By Staff
Melissa Cason
HODGES-Town officials in Hodges Monday will recount the ballots cast during the town's municipal election on Aug. 26.
Mayoral candidate Nick Howard, who lost the election by one vote, filed the petition for the recount.
Howard's attorney Steve Graham, of Florence, said he filed a petition for a recount last Wednesday, and the recount will be held at the community center Monday at 1 p.m.
"The recount is the first step in contesting the election," Graham said.
"I will file a petition to contest the election with the circuit court on Monday."
Graham said should the recount have a different outcome, it could then be added to the list of other reasons for the contest.
"The recount won't change the outcome of the election, but if there is a different outcome, we can add that to the list on the motion for the contest."
Graham said the list includes the town not publishing the voter's list until the night before the election; two to three people living outside the town were permitted to vote; two people who live inside of town were not allowed to vote even on a provisional ballot; the refusal to give voter an absentee ballot; and Russellville addresses on returned absentee ballots.
During the recount, the ballots will be fed into the electronic voting machine just as they were on election night.
"This is the way the [Alabama] League of Municipalities recommends," Graham said.
Howard is responsible to cover the cost of the recount. The town told Howard the count will cost $940.
"This large amount for a recount is outrageous," Graham said. "Under league policies, the cities and towns are supposed to charge the candidate the amount they incur to have the recount."
Graham said the town had to order a datapak for the machine, which cost $620, and have agreed to pay four poll workers $70 for the recount.
"I expect the recount will take about 15 minutes, and it's excessive to pay the poll workers $70 for that amount of time," Graham said. "The law says the workers are to be paid no less than $5 per day for their services."
Graham added that he and his client would have been happy with a hand recount, which could have been done since the league only recommends the electronic recount, not mandating it.
"It would only take a few minutes for them to recount 105 ballots," Graham said. "And we'd have the same result as with the electronic voting machines."
Once the petition for the contest is filed, counsel for Hodges will have five days to respond to the court with an answer, and it will be left up to the circuit court whether or not to hear the case.
"I don't anticipate the outcome to take very long," Graham said. "But, it will be up to the circuit judge to decide."
Graham hopes the contest will uncover the truth about the Hodges election.
"If the truth is what we think it is, we expect Nick Howard to be declared mayor," Graham said. "But, at the very least, we'd like to get a new election."
Hodges Town Clerk Frankie Petree confirmed the date and time of the recount.
Messages for Mayor Ed Crouch were left unreturned.

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