Carr calls for recount in Cloverdale clerk race

CLOVERDALE — The closest local race of the 2019 municipal election may not be over just yet.

Based on Election Day tabulations, incumbent Cloverdale Clerk-Treasurer Cheryl Galloway defeated challenger Vanessa Carr by just two votes, 143-141.

However, Carr is challenging the outcome of the election, filing a petition for a recount in Putnam Circuit Court on Tuesday — the final day such a request could have been made.

One small matter that has changed since Election Day is a provisional ballot that was cast in Cloverdale has been approved, bring the final margin of the race one vote closer than the three-vote margin that was originally reported.

The verified petition, filed on Carr’s behalf by Spencer attorney Richard Lorenz, sheds little light on what suspicions, if any, Carr has regarding the original vote tabulation.

One of the articles in the filing states that Carr, “in good faith, believes that the votes cast to the office ... were not counted correctly and returned.”

The request is that all votes cast in the three Cloverdale Township precincts be recounted, be they electronic ballots or the mail-in paper absentee ballots that were utilized by 10 voters in the race.

Lorenz told the Banner Graphic the closeness of the race is the primary reason for the request.

“The initial response is that the closeness of the results merits another look,” Lorenz said. “Beyond that, we are not prepared to say anything further at present time.”

With the case filed, summons were issued for both the Putnam County Election Board and for Galloway.

Putnam County Clerk Heather Gilbert, who chairs of the election board, said her office was doing what is required to respond appropriately in the case.

For one thing, all of the voting equipment — both voting booths and tabulation equipment — has been impounded in the courthouse until a three-person commission can be appointed to perform the physical recount. This step is required by state law.

Gilbert said she believes it is Judge Matt Headley’s responsibility to choose the commission, though there are specific requirements for the make-up. Two of the members must be from the town of Cloverdale, one Republican and one Democrat.

It should be noted that Galloway is a Republican, while Carr is an independent.

The third person must be someone who knows how to run the relevant equipment, both the voting machines and the tabulation equipment.

Gilbert said the only two people who would fill this requirement are Carl Singer, who performs IT work for the clerk’s office, and Deputy Clerk Heather Robinson.

It’s not clear how soon Judge Headley will appoint the commission, though the state deadline for completion of a recount is Dec. 20. This may be extended by the court for “good cause shown.”

As part of filing for the recount, Carr was required to pay a $100 bond. Should the recount come out in her favor, the money will be returned. Should the final outcome remain in Galloway’s favor, the recount commission per diem and other recount costs will be paid out of the bond. Should the costs exceed this amount, the county must pay the remaining cost.

Once a recount is completed, the clerk must file a certificate of recount, with any corrected vote totals noted.

After the recount certificate is filed, the court enters its final order discharging the recount commission. A 30-day period to appeal the recount commission’s certificate begins when the trial court issues this order.

At this point, there appears to be a good chance that any such timeline would run past the date Galloway is set to begin her new term, Wednesday, Jan. 1.

In terms of the recount itself, the votes that seem likely to come under the most scrutiny are the paper absentee ballots, a small set in which Galloway held a slight edge.

Gilbert was unsure what could have gone wrong with these ballots. She said the ballots were reviewed by three different people and showed no erasures, as if someone had changed his or her mind.

“They were very clear and concise of which one they’re trying to vote for,” Gilbert said. “There were some of them that didn’t even vote for either one.”

The breakdown of early voters vs. Election Day voters does show an interesting, though not necessarily significant, divergence.

Between the paper absentee ballots and the early electronic votes cast at the courthouse, Galloway held an 11-vote advantage at 29-18.

However, Carr had a nine-vote edge on Election Day at 123-114.

The three different Cloverdale precincts also showed slight divergences in the voting patterns.

Of the three, Carr only won her own district, Cloverdale 2, by three votes, 58-55.

However, Galloway held a five-vote advantage in Cloverdale 3 at 34-29.

In Galloway’s home precinct, Cloverdale 1, the two candidates tied at 54 votes apiece.

Neither Galloway nor Carr was available for comment on Thursday afternoon.