MorganHillTimes.com | Council to consider Measure H recount

Council to consider Measure H recount

Dec 3, 2008
By Natalie Everett - Staff Writer

Mayor Steve Tate said he would request an emergency item be added to tonight's City Council agenda to discuss requesting a recount of Measure H.

Measure H is the city's failed effort to boost downtown development by adding 500 residential units unbound by the usual yearly competition for allotments. The election was certified by the Santa Clara County Registrar Monday afternoon, and the measure officially failed by 10 votes, with 6,919 no votes and 6,909 yes votes.

The city could request a recount, which would cost an estimated $30,000. The city has already spent about that to put the measure on the ballot in the first place. But, since the measure is considered the linchpin of downtown redevelopment and would make the city's downtown plan that much more attainable, some council members think it's too important to not consider every recourse in getting it passed. Hence the recount consideration.

All races get an automatic 1 percent hand recount. Thanks to an emergency regulation set forth by the Secretary of State in October, some races, including Gilroy's school board race, are getting a 10 percent hand recount, care of the state, because it was so close based on the Election Night tally. But, Morgan Hill's Measure H was 100 votes away from passing that night, so it's not eligible for the boosted recounts. So, the council's only recourse - other than putting it on a special election ballot next year -- would be a requested recount.

According to registrar spokeswoman Elma Rosas, unless the recount changed the results of the election, whoever requested it would pay for it.

California Association of Clerks and Elected Officials past president Steve Weir said there is some merit to requesting a recount, since electronic counters sometimes don't count a selection if its unclear what the voter chose. For example, if a voter marked "no" on a measure, but then switched their vote to "yes," a computer might not be able to discern the difference whereas a person, during a manual recount, would.

Tate said he hadn't made up his mind whether he would pursue a recount, but he thinks the discussion has to happen.

Adding an emergency item to the council's agenda requires a two-thirds vote according to the Brown Act, said City Attorney Danny Wan. Since the council consists of five people, four would have to request the item be added to tonight's agenda.

Since the election was certified Tuesday, council members didn't have time to add the discussion of a recount to the agenda in time for its posting, which has to be done at least 48 hours before the meeting. The council has until Sunday to request the recount.

Natalie Everett

Natalie Everett
Natalie Everett is the education and city reporter for The Times. Reach her at (408) 779-4106, ext. 201, or neverett@morganhilltimes.com.