Recount requested in Milford race

A District 36 primary candidate has requested a recount after a tight race, but is being told by election officials that a slim margin of error has failed to trigger an automatic recount.

The unofficial results showed incumbent Rep. Bryan Shupe had defeated challenger Patrick Smith by 11 votes Sept. 10. The next morning the margin of victory increased to 12 votes. 

“The [Department of Elections] has informed us that the increased overall vote differential from 11 votes to 12 votes is above the margin of error required to trigger an auto-recount,” Smith said.

On Sept. 11, Smith said he filed a petition with the Board of Canvass in Sussex County Superior Court and the Department of Elections to request a recount, challenge the decision to not conduct an automatic recount, and pause any certification of election results until representatives from both campaigns are able to inspect and count the ballots in a recount, including the absentee ballots and their envelopes.

“We believe this recount is the most transparent way to ensure the people of District 36 have the election results they voted for with full confidence. A recount is most appropriate when margins are so razor-thin,” Smith said.

Shupe, whose seat was challenged in the primary, said he supports a recount in the interest of transparency.

“I know that was already done, but if people have questions, I’m completely fine with it,” Shupe wrote in a statement. “I’ve always been for transparency and openness, and if it comes down to it  or something happens … I’d prefer a recount.”

Department of Elections Spokeswoman Cathleen Hartsky-Carter said there will be no recount in any of the state primaries because none fell within the margin mandate for a recount under state law. That number is .5% of the total of votes cast for both candidates. In District 36’s case, that comes out to 11.51, a fraction more than the 11 vote difference that would have triggered an automatic recount.