PRESIDENT GEORGE W. BUSH Message Board

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Politics : PRESIDENT GEORGE W. BUSH

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To: Mr. Palau who wrote (87699)	11/26/2000 12:51:42 AM
From: greenspirit	Read Replies (1) of 769667

Mr Palau, Your reading of the statute lacks one major element, the preference applies only when (1) two or more parties are requesting the recount and (2) the parties requesting the recount note in their application for a recount pursuant to section 214.042-A difference in the type of recount requested. In these cases, a manual recount is not chosen for accuracy or anything of the sort. It is chosen due to the fact that Texas law limits to one recount in which "only one method may be used in the recount." Since Texas law allows for only one recount, multiple recounts cannot be conducted. Therefore, the law has to make a distinction on how to recount if multiple parties request a recount using different recount methods. The same statute also provides that "an electronic recount using a corrected program shall be conducted in preference to an electronic recount using the same program as the original count." Electronic counts with amended programs are always given preference to regular electronic counts. The manual recount preference only applies in cases of the above circumstances, Texas law provides in Section 214.042 of the election code that an electronic recount be conducted by default unless the application for a recount specifically requests otherwise. Section 214.042 clause C notes "Unless a different counting method is requested, the ballots shall be counted electronically using the same program as the original count." capitol.state.tx.us In other words, the explicitly stated standard for recounts by Texas statute is an electronic recount. Not a manual one. As to who signed the laws... The law, was passed into law under Governor Mark White in 1986 and later amended in a procedural measure for the purpose of closing a loophole under Bush in 1997. The only change that can be tied to Bush on manual recounts affected the procedure in requesting a manual recount. A strong argument can be made that the Bush law from 1997, actually limited manual recounts, instead of making them mandatory as the preferred method. Mike p.s. I'll leave the chad issue alone. I may have been confusing our discussion with what I've been hearing on the talking head shows.

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