I guess the Giannoulias campaign is not too confident. According to The Capitol Fax Blog, it has begun sending Freedom of Information Act Requests to county clerks. Capitol Fax followed up with an e-mail to Champaign County Clerk Mark Shelden, asking him whether he’d ever seen something like this before. Here is Clerk Shelden’s response…
”Never been done before in my 13 years.
A little more background. Section 302 of HAVA requires that provisional’s be confidential. I believe that request is not legal.
The rest is very interesting. In a discovery recount, the requester can ask for these items for 25% of all precincts. I’ve often wondered what would happen should someone FOIA it. Now we’re finding out. A very strong argument can be made that the section of the election code regarding discovery recounts trumps FOIA.
None of the clerks are going to deal with this pre election. And I’m sure we’re all hoping, more than even before, that a 2-3 point win on either side makes the issue go away.”
Here we go.