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RECOUNT IN TIGHT RACE COULD FACE LEGAL HURDLES

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State election officials were deciding Wednesday exactly how a recount in the 3rd Congressional District's Republican primary will take place.

With 519 precincts of 520 reporting, unofficial results show Emery County Commissioner Dixie Thompson only 156 votes ahead of Provo businessman Tom Draschil out of about 32,000 votes cast.Kelleen Leishman, director of elections for Lt. Gov. Olene Walker's office, said there are two provisions for recounts. In one case recounts are ordered if a candidate signs an affidavit claiming there was voter fraud. Another part of the state code talks about automatic recounts in the cases of state, county and municipal general elections. Under that provision, if the leading candidate wins by fewer votes than there are precincts in that specific election, the recount takes place. There are 520 voting precincts in the 3rd District, and Thompson is ahead by just 156 votes.

But, Leishman said, the code only mentions general elections in that case, and Tuesday's close 3rd District race was a primary.

Rick Weis of the attorney general's office says it's nonsensical to have two standards for two elections. He favors a more liberal reading of the law, which would give Draschil a recount in a close, but not fraudulent, primary.

If a recount does take place, the punch ballots would just be run through the computer again since most county clerks use computer counting. The recount is likely to give close to the same results. "As of now, we don't plan to start a recount Wednesday. That would come later," Leishman said.

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Additional Information

U.S. Senate

1,559 of 1,560 precincts

Craig Oliver 849 57%

Bill Rigley 651 43%

U.S. House

3rd District

519 of 520 precincts

Dixie Thompson 15,903 50%

Tom Draschil 15,747 50%

Davis County

169 of 169 precincts

Sheriff

Rob Davis 8,345 55%

Glenn Clary (R-inc.) 6,849 45%

Clerk-auditor

Pat Herrera 437 54%

Theresa M. Dabling 372 46%

Davis School Board

Precinct 4

34 of 34 precincts

(nonpartisan - 2 qualify)

Golden C. Sill 591 22%

Kathie L. Dalton 561 21%

F. Richard Austin 547 20%

Allen G. Webb 466 17%

Mark J. Bishop 223 8%

Bart K. Smith 209 8%

Brent J. Dotson 72 3%

Robert K. Erwin 48 2%

Salt Lake County

578 of 578 precincts

Commission Seat B

Gene Whitmore 12,984 56%

Pearl Meibos 10,389 44%

Sheriff

Pete Kutulas 4,787 67%

Lou Bertram 2,368 33%

Summit County

26 of 26 precincts

Commission Seat A

Ruth Wagner 540 50%

Ron Perry (D-inc.) 537 50%