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Nc Congressional Seat in Limbo as Voter Fraud Investigation Continues

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A redo election, also known as a revote or special election remedy, is the process of voiding election results and holding a new election.[1] The specific reasons for calling a redo election vary, but might include deliberate efforts to obscure the results such as electoral fraud or mistakes like a broken voting machine.

Most commonly, states or courts only call for such a redo election if the number of ballots affected is large enough to change the outcome of the election or otherwise call the results into question.[1] However, there have been instances when courts call a redo election even when the number of affected votes would not change the outcome or is unknown.[2]

Typically, states or courts call a redo election only after an interested party—normally a candidate, voter, or election official—contests the election results.[3] Contesting an election usually involves an interested party claiming ballots counted that should not have been, ballots rejected that should not have been, or some other issue that affected the outcome of the election.

While most states have provisions describing how to handle contested elections, these provisions do not normally specify what to do if fraud or mistakes occurred.[1] This often leaves the ultimate decision of whether to call a redo election up to the states or courts themselves based upon legal precedents, interpretation of state laws, and a close examination of the contested elections in question.[1]

The amount of time between an initial election and a redo election depends on how quickly the legal cases around a contested election proceeds. In 2019, a redo election in North Carolina's 9th Congressional District took place 308 days after the initial election. In 2020, a redo election for sheriff in Iron County, Missouri, took place 49 days after the initial election.

The most recent redo election for a federal office took place in 2018. The last federal redo election before that was in 1974.[4] Most redo elections take place at the municipal or county level. Read below for more examples of redo elections at various levels of government.

Noteworthy redo elections

Ballotpedia identified the following historical redo elections. Each entry describes the events leading up to the redo election, the reason for the redo election, and the amount of time in days between each initial and redo election. If you are aware of redo elections that should be included, please email us.

Federal

North Carolina's 9th Congressional District (2018)

Reason for redo election: Absentee/mail-in electoral fraud
Time between initial and redo election: 308 days

On Nov. 6, 2018, Dan McCready (D) and Mark Harris (R) ran for North Carolina's 9th Congressional District. Harris received 139,246 votes to McCready's 138,341, a 905-vote margin. Following the results, state election officials began investigating potential absentee/mail-in voting electoral fraud.[5] On Nov. 26, the North Carolina State Board of Elections refused to certify the election results, citing its responsibility "to assure that an election is determined without taint of fraud or corruption and without irregularities that may have changed the result of the election."[6]

According to the Brookings Institution, the electoral fraud allegations included some voters claiming "that individuals came to their homes and collected their unsealed ballots. Others allege that they received absentee ballots that they never requested. In addition, multiple individuals have come forward to claim that they were paid by a Republican political operative ... to collect absentee ballots from voters; under North Carolina law, it is, with limited exceptions, illegal to collect and return someone else's absentee ballot."[7]

After holding a series of evidentiary hearings, the Board of the Elections voted on Feb. 19, 2019, to redo the election. This included a new primary after the North Carolina Legislature passed a law in Dec. 2018 requiring a primary for any special election.[8]

Harris did not participate in any stage of the redo election. McCready faced Dan Bishop (R) on Sept. 10, 2019. Bishop defeated McCready, receiving 96,573 votes to McCready's 92,785.

Louisiana's 6th Congressional District (1974)

Reason for redo election: Mistake: voting machine malfunction
Time between initial and redo election: 63 days

On Nov. 5, 1974, Jeff LaCaze (D) faced Henson Moore (R) in Louisiana's 6th Congressional District's general election after defeating incumbent John Rarick (D) in the primary. The vote totals showed Moore in the lead with 60,969 votes to LaCaze's 60,925, a margin of 44 votes.[9]

LaCaze contested the election results alleging that one voting machine appeared to have malfunctioned. The machine in question registered 353 votes, but only 200 votes for Moore and nine for LaCaze, meaning there were 144 missing votes, enough to change the outcome of the election.[9]

Judge Melvin Shortess, of Louisiana's 19th Judicial District Court, voided the election results on Nov. 22 and ordered the secretary of state to prepare for an immediate redo election between LaCaze and Moore.[10] On Jan. 7, 1975, Moore defeated LaCaze by 11,436 votes.[10]

Louisiana's 6th Congressional District (1933)

Reason for redo election: Nonfraudulent misconduct: illegal elections
Time between initial and redo election: 147 days (Kemp), 125 days (Sanders)

On June 19, 1933, Rep. Bolivar Kemp (D) died in office. On Dec. 5, Gov. Oscar Allen (D) called for a special election set for Dec. 13 and named Kemp's wife, Lallie Kemp (D), as the sole Democratic candidate. Kemp won the Dec. 13 election.[11]

Opponents claimed the special election violated state law, which said the governor must provide at least a ten days notice when setting a special election. Citizens in the district held a separate election on Dec. 27 and elected Jared Sanders (D).[11]

On Jan. 29, 1934, the U.S. House of Representatives voided both elections: Kemp's because the governor did not provide the required notice and Sanders' because Louisiana state law did not allow for such an election.[12]

Sanders won the May 1, 1934, redo election. Kemp did not participate.[13]

State

Connecticut House District 127 Democratic primary (2022)

Reason for redo election: Mistake: ineligible voters
Time between initial and redo election: 70 days

On Aug. 9, 2022, incumbent John Hennessy and Marcus Brown participated in the Democratic primary for Connecticut's House District 127. After two recounts, results from the initial primary showed Brown receiving 573 votes to Hennessy's 571, a two-vote margin.[14]

Following the second recount, conducted on Aug. 29, Hennessy appealed the results, alleging irregularities with absentee/mail-in ballots.[14] During this appeal, the court held an evidentiary hearing to inspect all absentee/mail-in ballots.

That hearing found that four voters had cast absentee/mail-in ballots received after submitting ineligible applications. Those four voters said their applications were signed and sent without their knowledge in violation of state law, thereby rendering their submitted ballots ineligible.[15]

Bridgeport Superior Court Judge Barry Stevens said he had to assume the final recount included the four ineligible absentee ballots. Stevens said, "Because Brown's margin of victory over Hennessy is two votes and the court finds that four votes must be invalidated, the court does not approve the results of the court ordered manual recount."[15]

Brown defeated Hennessy in the redo election held on Oct. 18, 2022.

Georgia House District 28 Republican primaries (2018)

Reason for redo election: Mistake: ballot error (first); mistake: ineligible voters (second)
Time between intial and redo election: 196 days (first); 126 days (second); 322 days (total)

On May 22, 2018, incumbent Dan Gasaway and Chris Erwin participated in the Republican primary for Georgia's House District 28. Official results showed Erwin receiving 3,111 votes to Gadaway's 3,044, a 67-vote margin.[16]

On June 7, Gasaway contested the election, alleging that voters received ballots that did not contain races for the correct state legislative district with some in House District 28 receiving District 10 ballots and vice-versa. On Aug. 28, Habersham County Commission Chairman Victor E. Anderson conceded that errors were made. Initially, Victor Anderson stated, "it appeared that the number of votes impacted was less than the margin in this extremely close election." However, through the investigation process with the Secretary of State, "it was determined that a number of voters who received incorrect ballots was at least equal to or slightly exceeded the margin in the election."[17]

On Sept. 18, Banks County Judge David Sweat voided the May election results and set a redo election for Dec. 4, 2018.[18] Following the Dec. 4 redo election, Erwin received 3,521 votes to Gasaway's 3,519, a margin of two votes.[19] On Dec. 18, Gasaway again contested the results alleging 21 ineligible votes. Judge Sweat ruled that four voters had voted incorrectly, resulting in a second redo election on April 9.

Erwin won the second redo election with 4,586 votes to Gasaway's 1,490.

County/Municipal

Paterson, N.J., city council (2020)

Reason for redo election: Alleged absentee/mail-in electoral fraud
Time between initial and redo election: 175 days

Five candidates—incumbent councilman William McKoy, Chauncey Brown, Sharrieff Bugg, Alex Mendez, and Robyn Spencer—ran in the May 12 city council election for the 3rd Ward in Paterson, New Jersey. Initial results showed Mendez defeating McKoy with 1,595 votes to McKoy's 1,350, a 245 vote margin.[20] A later recount narrowed the margin to 240 votes.[21] Election officials conducted the election entirely by-mail due to the coronavirus pandemic.[22]

On June 14, McKoy contested the election results alleging absentee/mail-in electoral fraud in the form of ballots submitted on behalf of voters who later alleged they never received absentee/mail-in ballots.[23] During the May 12 election, election officials rejected 24% of absentee/mail-in ballots in the 3rd Ward compared to a statewide 10% rejection rate.[23]

On Aug. 16, Passaic County Superior Court Judge Ernest Caposela voided the May 12 election and ordered a redo election for Nov. 3, 2020.[22]

Iron County, Mo., sheriff (2020)

Reason for redo election: Mistakes; nonfraudulent misconduct
Time between initial and redo election: 49 days

Incumbent Roger Medley, Ryan Burkett, Brian Matthiesen, Ben Starnes, and James Womble participated in the Aug. 4 Republican primary for sheriff in Iron County, Missouri. According to MyMOinfo, Burkett defeated Medley by 73 votes.[24]

Medley contested the election, alleging the usage of incorrect ballots, a voting machine missing part of its tally tape, and violations of state law such as the mother-in-law of one candidate working as an election judge, among other allegations.[25] [24]

On Aug. 27, Iron County Circuit Judge Kelly Parker voided the election results and set a redo primary election for Sept. 22.[24] Burkett defeated Medley in the redo primary election receiving 42% of the vote to Medley's 27%.[26]

Middletown, Conn., common council (2005)

Reason for redo election: Mistake: voting machine malfunction
Time between initial and redo election: 77 days

On Nov. 8, sixteen candidates ran for the twelve positions on the Middletown, Connecticut, common council, with the top twelve vote-getters winning the election. The winner with the twelfth-most votes, V. James Russo (D), received 4,337 votes to the thirteenth-place candidate, David Bauer's (R), 4,235 votes, a margin of 102 votes.[27]

Bauer contested the election after discovering that one of the voting machines malfunctioned so that votes for Bauer on that machine would not register consistently.[27] The Connecticut Supreme Court wrote it "found that it is reasonably probable that if [the] machine ... had been operating properly, [Bauer] would have received at least 103 more votes than he had received," meaning Bauer, rather than Russo, could have won election to the common council.[27]

A Superior Court judge originally scheduled a partial redo election for only voters in the district where the machine error occurred. The state Supreme Court later altered the ruling to call a citywide redo election on Jan. 24, 2006.[28] Bauer placed sixth in the redo election, winning election to the common council.[29]

East Chicago, Ind., mayor (2003)

Reason for redo election: Absentee/mail-in electoral fraud
Time between initial and redo election: 538 days

On May 6, 2003, incumbent Robert Pastrick, George Pabey, and Lonnie Randolph ran in the Democratic primary for mayor in East Chicago, Indiana. In-person vote totals showed Pabey leading Pastrick by 199 votes. Following the tallying of 1,950 absentee/mail-in ballots, Pastrick received 4,083 votes to Pabey's 3,805, a 278-vote margin.[30]

Pabey alleged the Pastrick supporters engaged in absentee/mail-in electoral fraud.[30] Before the case reached the Indiana Supreme Court, LaPorte Superior Court Judge Steven King concluded that "Pabey had proven 'that a deliberate series of actions occurred' that 'perverted the absentee voting process and compromised the integrity and results of that election.'"[30] King concluded that Pabey had proven Pastrick supporters violated election law through the unauthorized possession of completed absentee/mail-in ballots, being present while voters completed said ballots, and directly soliciting votes in exchange for cash.[30]

King determined that 155 absentee/mail-in ballots were invalid, a smaller number of votes than Pastrick's margin of victory. Indiana Supreme Court Justice Brent Dickson said that "[s]chemes that seek to discourage proper and confidential voting or that endeavor to introduce unintended or illegal votes into the outcome will inevitably produce outcome distortions that defy precise quantification."[30] Dickson concluded that Pabey had "established that a deliberate series of actions occurred making it impossible to determine the candidate who received the highest number of legal votes cast" and directed the trial court to set the date for a redo election.[30]

On October 25, 2004, Pabey defeated Pastrick in the redo election, receiving roughly 65% of the vote to Pastrick's 34%.[31] Randolph dropped out before the redo election.[32]

LaFayette, Ala., mayor (1984)

Reason for redo election: Mistake: voting machine malfunction
Time between initial and redo election: Unknown

On July 10, 1984, Ed Allen, Pete Holcombe, Robert Vines, and Ed Yeargan ran for mayor in LaFayette, Alabama. Certified election results showed Allen with 448 votes (37%) followed by Vines with 314 (26%) and Yeargan with 277 (23%). Since no candidate received more than 50% of the vote, Allen and Vines would have participated in a runoff election.[33]

After discovering that one of the four voting machines malfunctioned and recorded no votes, Yeargan alleged that if the machine not malfunctioned he would have received enough votes to qualify for the runoff election.[33]

A trial court initially called for a redo election consisting solely of voters with last names from T to Z, the voters assigned to the voting machine in question.[33] The Alabama Supreme Court overruled that remedy and called for a full redo election.[33]

See also

  • Election terms

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Harvard Journal on Legislation, "Remedying Election Wrongs," accessed October 11, 2020
  2. ↑ See: East Chicago, Ind., mayor (2003)
  3. ↑ U.S. Election Assistance Commission, "Recount and Contests Study," accessed October 11, 2020
  4. ↑ As part of Ballotpedia's definition of redo elections, the initial election results must have been voided or otherwise invalidated. For this reason, this page does not include the 1974 United States Senate election in New Hampshire since no court or deliberative body ever voided the initial results, and the winner of the initial race was inaugurated and held office before resigning to participate in the 1975 special election.
  5. ↑ The Washington Post, "Certification in limbo in N.C. House race as fraud investigation continues," Nov. 29, 2020
  6. ↑ FiveThirtyEight, "What The Heck Is Happening In That North Carolina House Race?" Nov. 30, 2018
  7. ↑ Brookings Institution, "Understanding the election scandal in North Carolina's 9th district," Dec. 7, 2018
  8. ↑ The Wall Street Journal, "North Carolina Board Calls for New Election in Last Undecided House Race," Feb. 21, 2019
  9. ↑ 9.0 9.1 Justia, "LaCaze V. Johnson," Nov. 27, 1974
  10. ↑ 10.0 10.1 American Bar Association Journal, "State Court and Federal Elections," accessed October 11, 2020
  11. ↑ 11.0 11.1 Politico, "Here's What Happened the Last Time There Was An Election Do-Over," Dec. 18, 2018
  12. ↑ Congressional Research Service, "Contested Election Cases in the House of Representatives: 1933 to 2009," Nov. 2, 2010
  13. ↑ 1 1934 louisiana 6th special election&f=false Official Congressional Directory, "Biographical," accessed October 11, 2020
  14. ↑ 14.0 14.1 ctpost, "Weeks before Election Day, judge still to decide Bridgeport primary result," Sept. 27, 2022
  15. ↑ 15.0 15.1 CT Examiner, "Ineligible Absentee Ballots Cited in Throwing Out Results of Bridgeport Primary," Oct. 5, 2022
  16. ↑ Georgia Secretary of State, "Official Results," Aug. 8, 2018
  17. ↑ "AccessWDUN", Habersham officials concede errors, ask for new House District 28 election," August 29, 2018
  18. ↑ 11 Alive, "Judge orders North Georgia district to redo House race after voters given wrong ballots," Sept. 20, 2018
  19. ↑ Georgia Secretary of State, "Results," Dec. 14, 2020
  20. ↑ Report Pat.pdf Passaic County, "Official Report," May 12, 2020
  21. ↑ NBC New York, "Judge Orders New Recount in Paterson City Council Race Determined By Just One Vote," June 16, 2020
  22. ↑ 22.0 22.1 The New York Times, "New Local Election Ordered in N.J. After Mail-In Voter Fraud Charges," Aug. 19, 2020
  23. ↑ 23.0 23.1 Superior Court of New Jersey Law Division, County of Passaic, "In re: City of Paterson Third Ward Municipal Election of May 12, 2020," June 14, 2020
  24. ↑ 24.0 24.1 24.2 MyMOInfo, "Judge Rules For Redo Of Iron County Sheriff Primary Election," Aug. 29, 2020
  25. ↑ Daily Journal, "Iron County sheriff contests August election," Sept. 11, 2020
  26. ↑ Daily Journal, "Burkett wins special election in Iron County Sheriff's race," Sept. 22, 2020
  27. ↑ 27.0 27.1 27.2 FindLaw, "David P. Bauer v. George Souto et al.," April 25, 2006
  28. ↑ Hartford Courant, "Election Causes Scramble," Jan. 16, 2020
  29. ↑ Patch, "Common Council Recount is Deja Vu for One Republican Candidate," Nov. 11, 2011
  30. ↑ 30.0 30.1 30.2 30.3 30.4 30.5 Court Listener, "Pabey v. Pastrick, 816 N.E.2d 1138 (Ind. 2004)," Aug. 6, 2004
  31. ↑ The New York Times, "Campaign Briefing: The States; Mayor Ousted in East Chicago," October 28, 2004
  32. ↑ nwi.com, "Pastrick confident of winning new mayoral race," Sept. 23, 2004
  33. ↑ 33.0 33.1 33.2 33.3 Justia, "Ex Parte Vines," Aug. 24, 1984

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