PLATTSBURG, MO — Judge Daren Adkins dismissed a petition for a primary election recount determining Clinton County 1st Commissioner on the Democrat ballot during a hearing conducted Thursday, Aug. 23, 2012.
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Candidate Bill Webb of Gower petitioned the court for a recount. Attorney Mark Hubbard, representing Webb’s opponent, I.D. Smith of Lathrop, moved to dismiss the petition (under Statute of Limitation) due to the filing not registered within the time frame required by state law, according to RsMO 115.531 (within five days after the results are made official). Mr. Webb contacted the Clerk’s office within the time frame, and was told he had 7-30 days to file a petition, according to statute 115.601 RsMO (this statue refers to municipality elections, not Primary election regulated by 115.531 RsMO).
Mr. Webb did file a letter in request, but was denied at that time, due to the need of a proper form. The proper form was obtained and filed on Aug. 16, two days after the deadline. Shortly after the hearing/judgement Thursday, Aug. 23, Mr. Webb said he was considering filing an appeal, due to problems with a voting machine jam, to which Mr. Webb received 20 of the 28 votes registered.
At this time the vote results remain Smith 462, Webb 461.