Ensign says margin dictates recount request

Steve Kanigher and Cy Ryan

Tuesday, Dec. 1, 1998 | 11:03 a.m.

Swayed by loyal supporters and his own Republican Party, Rep. John Ensign will ask the state Wednesday for a recount of his narrow election loss to Democratic incumbent Sen. Harry Reid.

Ensign said at a press conference at his Las Vegas campaign headquarters Monday that the 401-vote margin from the Nov. 3 election was too close to accept without a challenge. Reid officially defeated Ensign 208,621 to 208,220, a margin of two-tenths of 1 percent, making it the closest of the nation's 34 Senate races this year.

"It's just too close not to ask for a recount," Ensign said. "We asked ourselves, how could we not ask for a recount?"

Reid, who was expected today to be named the Senate Democratic whip, said from Washington, D.C., that he'll cooperate in the recount but doesn't expect the outcome to change.

"I'll do everything I can to cooperate," Reid said. "That's a right he has within the law. My only concern is how expensive it is for everybody."

Ensign will submit his request to the Nevada Secretary of State's office, which then will have five days to begin the recount and another five days to complete it, including weekends. The Las Vegas congressman, who gave up his House seat to challenge Reid, has been told by the state that he will be charged $59,000 for the recount.

But Ensign said he expects total costs to run $125,000 to $150,000, including additional legal fees and staffing so that his supporters can monitor the recount in each of the state's 17 counties. He said a letter he sent seeking donations for his recount effort raised well in excess of $59,000, but he declined to reveal the donors.

"This has been a very difficult decision for us," Ensign said. "It's something you want to put behind you. But there are too many people who have worked hard on this campaign."

In his defense, Ensign recalled the "level of errors up in Washoe County" having to do with the tabulation of their mail-in ballots as reason enough for a recount. The problems with the Washoe County tally led to the resignation of Laura Dancer as registrar.

Ensign also recalled that Reid asked for a recount when Reid lost a narrow Senate race in 1974 to Republican Paul Laxalt. The gap closed by only 13 votes after that recount, however, and Reid lost by 611 votes, or 0.361 percent. Ensign noted that his margin of defeat was closer than Reid's in 1974, the last time a Nevada Senate race was recounted.

Laxalt had also asked for a recount when he lost to Democrat Howard Cannon in a 1964 Senate contest. Cannon's margin of victory increased from 48 votes to 84 votes following the recount.

"In this race, everybody in the media and people across the state look at this race as so close," Ensign said. "Most people are saying this is a pretty reasonable thing to do. They would look on you worse if you didn't do the recount. I know our supporters would."

But Reid, speaking from personal experience, countered that no election result in state history has ever been overturned by a recount.

"That's what history says," Reid said. "There's never been one changed. Especially with electronic voting, there's very little room for human error."

Ensign said he will congratulate Reid if the recount fails to change the outcome. The congressman also said that with no evidence of voter fraud so far, it is unlikely he would file an election complaint with the U.S. Senate. If the recount reconfirms Reid's victory to a third six-year term, Ensign said he'll likely return to his career as a veterinarian.

Two high-profile requests for recounts stemming from the 1996 elections went to Congress but both were ultimately rejected. One involved Sen. Mary Landrieu, D-La., who remained in office even though the Republican she defeated, Woody Jenkins, charged that he lost because of vote fraud.

Rep. Loretta Sanchez, D-Calif., also retained her seat after withstanding a challenge from Republican Bob Dornan, the incumbent she ousted. The House Oversight Committee concluded that 748 ballots had been illegally cast in that election, but that was not enough to overturn Sanchez' winning margin of 984 votes.

Both the state and national Republican parties encouraged Ensign to seek a recount. Dan Burdish, executive director of the Nevada Republican Party, applauded Ensign's decision.

"It's great," Burdish said. "We've been unabashed in asking him for a recount."

Burdish said the state party is prepared to help Ensign with staffing and even financing, if necessary, to assist in the monitoring efforts. Burdish also said the Republican National Committee is prepared to lend support.

Like Ensign, Burdish added that there is no evidence so far of vote fraud. Ensign conceded, however, that his office has received numerous calls from individuals around the state who have raised questions about the conduct of the election. The congressman vowed to check out each of those complaints.

Nevada Democratic Party Chairman Paul Henry issued a statement acknowledging Ensign's right to call for a recount but questioning GOP motives. Henry accused the Republicans of floating "unsubstantiated rumors and innuendos" about the election process.

"They keep throwing stuff out there hoping it will stick but nothing they have offered has staying power," Henry said. "It is disappointing and troubling that they are unable to accept the election results. They are running a serious risk of looking like sore losers."

Pamela Crowell, deputy secretary of state in charge of elections, said there will be "no problem" completing the recount within five days once it begins. She said 27 precincts in Clark County, 16 in Washoe County and three each in the rural counties will be recounted.

"Some of the smaller counties will have it done in a day," she said.

Dancer conceded that there still may be some discrepancies in her county "but I don't think they will be significant."

After the hand-count of the precincts, the votes will be run through a computer. If either of those tallies differ from the certified vote count by at least 1 percent, the full county must be recounted.