Are You Ready For A Recount?

Since Bush v. Gore was decided in 2000, recounts have received far more attention; it’s almost like they’ve become a routine part of a campaign. Each year, candidates, state parties, and election lawyers across the country prepare for these post-election challenges that may never come.

In 2008, we saw the impact that a recount can have. In Minnesota Senator Norm Coleman won on election night. On election night Coleman led comedian Al Franken by over 700 votes. A canvass ensued, and Franken chipped away at Coleman’s lead, leaving Coleman ahead only 215 votes. With a margin that narrow a recount ensured. Over the course of the recount Franken managed to find enough votes to come out ahead by 225. (Some news stories even reveal that the election may have been decided by the votes of convicted felons who were not eligible to participate in the election.)

This delivered Al Franken to the United States Senate, and delivered President Obama and Harry Reid a critical vote for their liberal agenda.

The Democrats learned a lot from this. So much so, that this election cycle they want to be even better prepared.

On June 24, 2010 the Democratic Senatorial Campaign Committee (“DSCC”) filed an Advisory Opinion Request with the Federal Election Commission (“FEC”) asking:

“Specifically, the DSCC seeks confirmation that it may make disbursements from its recount fund before November 4, 2010, to pay for certain recount activities. The DSCC also seeks confirmation that its recount fund may reimburse its principal campaign account for certain pre-election expenses that are attributable, in part, to recount activities.”

That’s right folks — the Democrats sought to pay attorneys as early as June to prepare for this November. In making this request the Democrats cited the importance of the recount activities in Minnesota and how they resulted “in Senator Franken being seated as the 60th Democratic vote in the United States Senate.”

The Democrats reasoned that “Recounts and election contests are fast-moving, complex legal processes” and thus they need the additional time, and the ability to expend funds prior to Election Day to prepare for post-election challenges. They wanted to be able to conduct research, prepare staff and attorneys, and be able to spend recount funds to cover the costs of soliciting donations to the recount fund.

The FEC, after reviewing the Democrats request, determined that:

“DSCC may use its recount funds to pay for recount-related expenses that it will incur before the date of the general election as it prepares for recounts that may occur after the general election. The Commission also concludes that the DSCC may allocate the cost of certain expenses that are attributable to both recount activities and campaign activities between the main account that it uses for campaign activities (its “principal campaign account”) and its recount fund.”

The Democrats have gotten the green light to prepare for whatever may come on November 3rd. They are raising funds and building an army of attorneys. It is important to note that these rules apply equally to Republicans and any third party candidates as well.

The gloves are off, candidates and campaign committees are free to ramp up their post-Election Day preparations for recounts and contested elections. I have no doubt that both sides of the aisle are preparing for hotly contested close elections which may result in recounts.

While it’s good to be prepared, I’m hopeful that with the wave of enthusiasm sweeping this nation, we’ll keep the number of close races to a minimum, and deliver decisive victories to conservative candidates.