NCGOP lawyer files petition for Durham recount

RALEIGH, N.C. (WNCN) – The battle to be North Carolina’s governor is taking a new turn as a formal petition has been filed.

The lawyer for the North Carolina Republican Party is asking for the recount of 93,000 Durham County votes.

But Tom Stark is doing so, not in his official capacity as NCGOP’s lawyer, but as a registered voter in Durham County.

Of course, the governor’s race is front and center in all of this.

“Clearly the election is not over yet,” Stark said.

Between provisional and absentee ballots yet to be counted and concern that some have over the way 93,000 votes were reported in Durham County, Stark said there is too much about the governor’s race that we still don’t know.

“I decided that to make sure that we went through and counted those ballots, which seemed to be an obvious solution, that I had to file a petition,” Stark said.

He questions the way Durham recorded those votes on Election Day.

The county was unable to upload results from six electronic memory cards that save ballot data.

But Durham was able to print out a tape log of the results and entered them manually.

“The question is if the processor is unable to upload the information and collect it, then why do we think that the audit tape is accurate?” Start said.

Durham County Board of Elections Chairman Bill Brian, a Republican, said he needs to see evidence that what was reported is inaccurate.

“Our understanding is that they are separate processes and a problem with the card should not affect the tape,” Brian said.

Stark, and others, also have recently questioned Durham’s history with elections.

“Durham has had some hiccups along the way and historically in Durham, questions are raised about the totals from time to time,” Stark said.

The McCrory campaign pointed to an issue with the March primary where some provisional ballots were mishandled.

Brian said it was a rogue employee and it didn’t impact a race. Also, anyone involved was terminated and has no bearing on this election.

There will be a hearing about Stark’s petition on Wednesday.

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