Monday, December 19, 2016

ROV To Release D4 Ballots for Forensic

Three weeks ago, the judge presiding on the lawsuit of the ballot recount of  SJC Council D4 race had asked the ROV to release the requested batch of ballots.   Tomorrow is the deadline for the ROV to submit the ballots to an independent forensic lab  to test for possible fraud at the request of Manh Nguyen.

If the result concluded that there is evidence of fraud, the county counsel will likely nullify the election result.  

One of the  contentions of the lawsuit is that there might be a ballot (s) where the original has different markings with different ink.  The difference is striking enough so that it can easily be seen as if there are two people marking the ballot.    If forensic can prove that the ink used to mark the ballot is the same ink that is being used to initial  and mark the duplicate, Manh Nguyen will have a case of fraud.  

But this is only one of many strategies that Manh Nguyen is aiming for.   He will also contest the fact that there are still hundreds of missing ballots that are unaccounted for and in a race where there is only 12 votes difference, Lan Diep's victory should not be declared by the ROV.  

Stay tune for the a legal fight that will drag out well into the summer.

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Unofficial Election Results

 San Jose City Council, D7   Precincts Reporting:  100% Tam Nguyen                        31.85%       2,275  Maya Esparza             ...