- Apr 29, 2005
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WTF??? You would think that they would have some other way of putting someone in office other than a freaking flip of a coin? What a contingency plan they have there.
Source
Source
A court erred when declaring a winner in a city council election that was so close that a coin toss and two recounts did not resolve who won, the Ohio Supreme Court ruled Wednesday.
The court said Rick Bain should have been allowed to present evidence he says shows that a punch-card ballot with a hanging chad is invalid. If a lower court agrees, that would give Bain a one-vote victory over incumbent Rick Taft for a council seat in the Cleveland suburb of Pepper Pike.
An initial vote count in the Nov. 8 election ended in a tie between Bain and Taft, a second cousin of Gov. Bob Taft. A tie-breaking coin toss handed the seat to Taft, but a formal recount that followed found Bain ahead by one vote - 1,124 to 1,123.
Bain assumed the council seat for a time, but Taft believed he had spotted a single hanging chad and asked for a second recount, which again ended in a tie. In March, the Cuyahoga County Common Pleas Court gave Taft the seat, citing the earlier coin toss.
Bain argues that the ballot with the hanging chad should not count because it is attached by three corners.
The Supreme Court ordered the lower court to consider additional evidence before reissuing a ruling.
"The common pleas court appears to have based its decision solely on the parties' pleadings and the court-supervised recount," said Chief Justice Tom Moyer, writing for the majority.
After the case is settled, the issue of hanging chads is unlikely to re-emerge in Ohio, which held its first punch-card-free statewide election in May.
