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Legal Commentary

: TalkLeft

Voting Malfunctions: Obama Votes in Harlem Not Counted

By Jeralyn

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The bad news is voting machines malfunctioned in Harlem and many Obama votes didn't get counted. The good news: It's being rectified.

The tip-off: Several Harlem precincts recorded 0 votes for Obama.

That anomaly was not unique. In fact, a review by The New York Times of the unofficial results reported on primary night found about 80 election districts among the city’s 6,106 where Mr. Obama supposedly did not receive even one vote, including cases where he ran a respectable race in a nearby district.

Neither campaign nor experts attribute the errors to anything but human error and the way the ballots were laid out.

[More...]

Election officials and lawyers for both Mr. Obama and Mrs. Clinton agree that it is not uncommon for mistakes to be made by weary inspectors rushing on election night to transcribe columns of numbers that are delivered first to the police and then to the news media.

In a few places, the same thing happened to Hillary:

City election officials said they were convinced that there was nothing sinister to account for the inaccurate initial counts, and The Times’s review found a handful of election districts in the city where Mrs. Clinton received zero votes in the initial results.

There could be a slight re-arranging of delegates after the recount, to Obama's favor, particularly if Brooklyn votes were also miscounted:

On primary night, Mrs. Clinton was leading with 57 percent to Mr. Obama’s 40 percent in New York State, which meant she stood to win 139 delegates to Mr. Obama’s 93, with 49 others known as superdelegates going to the national convention unaffiliated.

....On Feb. 5, Mrs. Clinton carried 61 of the state’s 62 counties but won Brooklyn by a margin of less than 2 percent. Because delegates are awarded proportionately on the basis of the primary vote in each Congressional district, Obama supporters expressed hope that if the official count continued in their favor, they might gain an additional delegate or two.

We all want a fair election. I'm glad this is being straightened out. If Obama earned more votes and delegates, he should get them.

Full post as published by TalkLeft on February 16, 2008 (boomark / email).

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