A candidate for Lincoln’s District 26 Legislative seat is demanding a hand recount of the November 8 election. Russ Barger says secretary of state Bob Evnen denied his request for a hand recount last Friday.
Barger has filed a lawsuit in Lancaster County District Court demanding a hand recount. “The Elections Act does not mandate any particular method for the requested recount of this Legislative race,” Barger says.
With the lawsuit Barger is asking the court to decide whether a hand recount is allowed. “The Secretary of State is required to certify the election results by December 20. His interpretation of the relevant statute renders many parts of the statute meaningless,” Barger says.
“Clarification of the rights of candidates is important for this race and future races. An election contest lawsuit should not be necessary to secure a hand count. But that will be the only possibility for a hand count, if the court adopts the Secretary of State’s interpretation.” Barger says.
He says the suit is necessary to clarify the existing law and to provide a path to victory. Legislative District 26 covers nearly 40,000 residents in northeast Lincoln.