Final resolution of the HD105 contest may take some time. Here's what we can expect over the next several days:
- The Dallas County Commissioners Court will certify the results as reported by election officials.
- Bob Romano must file a request for a recount no later than two days following the certification of the ballot by the Commissioners Court.
- A Recount Committee will be appointed by the Dallas Elections Administrator. The Committee will then examine each ballot to determine the intent of each voter.
Quirk in electronic voting machines could determine outcome
In Dallas County, ES&S electronic voting machines are used during early voting, while paper ballots are used on Election Day. One of the notable flaws in ES&S machines is that voters who cast a straight ticket ballot but then also attempt to "emphasis" vote by marking the box next to a particular candidate inadvertently deselect that candidate thereby canceling their vote.
When the voting screens are reviewed during a recount, these errors should be caught and corrected (Source: TX Election Code Section 65.007). In HD105, Democrats cast more straight ticket ballots than Republicans. As the under vote flaw caused by "emphasis" voting is caught and corrected, more Romano votes are likely to be restored than Harper-Brown votes.
Obviously, we don't know if the ES&S flaw will reveal enough previously uncounted votes for Romano to overcome Harper-Brown's narrow 20-vote lead. Clearly, though, a recount of the early votes in HD105 is justified. Further, this race points to the need that the electronic voting machine flaw should be corrected.
