24

CD11: Is Harmer MIA?

Harmer

Harmer

I just fielded my fifth call today asking the whereabouts of the concession statement from 11th District GOP candidate David Harmer in the wake of his loss to Democratic Rep. Jerry McNerney.

Here’s the short answer: There isn’t one. I haven’t heard from Harmer despite numerous calls and emails to his campaign spokespeople.

And no, contrary to the accusation from one caller, our failure to mention the fact that Harmer had not returned calls in our published story today does not reflect any bias other than the fact that we decided to give him the benefit of the doubt.

For all we knew, he was dealing with a major family emergency.

UPDATE 3:20 P.M. I just got off the phone with Harmer campaign spokesman Tim Clark , who tells me that we will hear from the candidate “when the time is right for him” although the timing is uncertain. In the meantime, Clark said, Harmer and the campaign staff are reviewing concerns about the expedited signature comparison of vote-by-mail ballots in Alameda and Contra Costa counties. It’s unclear what action Harmer may take.

But here we are, 24 hours after the final county in the 11th District certified its results and still no statement from Harmer. No return phone call. No email from Harmer. His campaign people indicated someone would be saying something but that something has yet to materialize.

There has been no concession call to McNerney, either, according to the congressman’s press secretary.

A concession is unnecessary to the process, of course. It’s a symbolic display of sportsmanship and good manners.

I’ve covered David Harmer through two congressional campaigns now, and he has always made himself readily available to the press. He has always been gracious and generous with his time.

Harmer lost by roughly 1 percentage point, hardly a vote of confidence for McNerney but a win for the Democrat nonetheless.  It is also most likely a sufficient enough margin to discourage a costly recount.

It’s possible that Harmer is seriously contemplating whether to pay for a recount. Perhaps he is lobbying for the House of Representatives to intervene based on some type of allegations of voter fraud. Or both.

He may have campaign debt and it is undeniably easier to ask for money to keep the fight alive. The post-general Federal Election Commission campaign finance report deadline is Thursday, so we’ll have a better idea of the candidates’ financial picture when those reports come out.

The only person who really knows is Harmer.

I’ll keep calling.

11

CD11: McNerney officially wins re-election

McNerney

McNerney

Rep. Jerry McNerney, D-Pleasanton, has officially won re-election to a third term.

Contra Costa County, the fourth and final county in the 11th Congressional District, certified its election results late this morning, which widened McNerney’s final margin of victory over GOP nominee David Harmer to 2,658 votes.

The final vote tally: McNerney, 115,361 votes, or 47.97 percent; Harmer, 112,703, or 46.86 percent; and David Christensen, American Independent, 12,439, or 5.17 percent.

McNerney had been trailing Harmer in Contra Costa County, but overtook him as the final votes were tallied. He eventually beat Harmer by 92 votes in Contra Costa and prevailed in Alameda and Santa Clara counties.

Harmer won in the more conservative San Joaquin County by 4,493 votes, or 3.6 percentage points. This result could prove telling for McNerney’s 2012 re-election prospects, as redistricting next year will almost certainly shift his district’s boundaries eastward.

While the final vote count was tight — 1.1 percent of the 240,503 votes cast — it’s probably not close enough to warrant an expensive recount.

Any registered voter may request a recount but must pay for it. If the election results are overturned as a result of the recount, the county will refund the money.

The Republican Party had been watching this race closely, although both parties sent observers to watch vote counting in all four counties. The California Republican Party has said it will pursue a lawsuit in Contra Costa County in a dispute over the rights of observers to challenge vote-by-mail signatures but the outcome would unlikely impact the 11th District results.

The full county results are posted on its Web site, www.cocovote.us.

19

CD11: Harmer attends freshman orientation

Harmer

Harmer

Democratic Rep. Jerry McNerney may have declared victory last week but that hasn’t stopped challenger and GOP nominee David Harmer from attending his party’s freshman orientation session in Washington, D.C.

“Since we don’t yet know whether I’ll become a new member of Congress, I’m participating with a unique blend of apprehension and hope,” Harmer wrote in a fund-raising appeal email late this afternoon.

As of today, McNerney holds a slim 1,751-vote lead over Harmer, or 0.76 percent of the total vote.  McNerney declared himself the victor last week, calling it statistically unlikely that Harmer could close the gap with the remaining uncounted votes. Harmer has refused to concede.

Alameda County has finished its count, while Santa Clara County had fewer than 500 ballots left to process in the 11th District.

San Joaquin County, where 55 percent of the 11th District’s voter live, had processed 3,500 of its approximately 9,000 uncounted provisional ballots as of this afternoon but not all of those ballots are in the 11th District.  (About half the county is in the 11th District.)

Harmer held a 4 percentage point lead in San Joaquin County. Unlike his counterparts in other 11th District counties, Registrar Austin Erdman said he has not segregated the congressional ballots due to close races in other parts of the county. Erdman said earlier today that he expects to post an updated countywide tally on Tuesday. (Update: Erdman said that figure will not include provisionals. He said he will post the provisional results when his office has finished processing all the provisional ballots. He hopes to finish before the Thanksgiving holiday next week.)

Contra Costa County will begin processing the 1,830 uncounted provisional ballots from the 11th District on Tuesday, said Registrar Steve Weir.  Harmer was holding a 0.2 percentage point lead in Contra Costa, or 118 votes.  In response to a lawsuit filed by the California Republican Party, Weir will set up observation stations for both sides to observe the provisional ballot processing for the remaining 11th District votes.

Here is Harmer’s full email, which serves as a plea for cash, too:

I’m writing from the Capitol in Washington, D.C., where I’m attending the orientation for new members of Congress. Since we don’t yet know whether I’ll become a new member of Congress, I’m participating with a unique blend of apprehension and hope.

Last night, at a dinner for the Republican freshmen in the Capitol’s magnificent Statuary Hall, I sat just a few feet from the site of John Quincy Adams’s old desk as Republican Leader and soon-to-be Speaker of the House John Boehner spoke of our charge from the American people. His watchword was humility; his counsel, servant leadership. He is determined to restore representation as the founders intended — a House that does the people’s business through the cumbersome, unpredictable, messy, but democratic means of legislation. He envisions a House where Representatives are actual legislators — not merely voters on proposals negotiated behind closed doors, but daily participants in the process of investigation, persuasion, negotiation, and debate.

For California to fail to contribute to this historic change in leadership, mission, and tone would be tragic, but it’s a very real risk. The wave that swept the rest of the nation, resulting in well over 60 net new Republican seats, seems to have washed up against the eastern flank of the Sierras without crossing their crest. So far Republicans haven’t picked up a single one of California’s 53 seats in the U.S. House. But the 11th District is still in play.

To ensure an accurate count of the remaining ballots, to prepare for a possible recount, and to do our best to complete the campaign successfully, we need to raise much more money. If you haven’t already done so, please consider contributing to our recount fund. Contributions of any amount are welcome, appreciated, and needed.

Yours truly,

David Harmer

P.S. Several of the freshmen here were already my friends. This wonderful week is giving me the opportunity to strengthen my relationships with them and to become acquainted with the others. They are tremendously supportive. They know how hard you’ve worked, how generously you’ve contributed, and how earnestly you’re praying for our campaign’s eventual success. Many of them are joining you in contributing to the recount fund — so you’re in very good company.

59

CD11: McNerney declares victory, Harmer fights on

Incumbent Rep. Jerry McNerney, D-Pleasanton, declared victory Wednesday evening in his race to retain his 11th Congressional District seat, saying the remaining ballots couldn’t possibly put Republican challenger David Harmer back on top.

“With the vast majority of votes tallied, the results are clear. Congressman McNerney now has an insurmountable lead,” McNerney campaign manager Doug Greven said in a news release.

Not so fast, cautioned Harmer.

“On Election Night, when I led by thousands of votes, and supporters were congratulating me and calling me Congressman, I cautioned that it was too early to claim victory. Many votes remained to be counted,” he said in an e-mailed statement Wednesday evening. “That is still the case tonight. Just as it would have been premature to claim victory then, it would be premature to concede defeat now.

“As I said the day after the election, my objective is to ensure that every legitimate vote is accurately counted. Once that has been done, I will offer a statement about the results.”

As of Wednesday evening, McNerney led Harmer by 1,681 votes, or about seven-tenths of a percent of the almost 231,000 ballots counted. A previous update, on Tuesday night, had shown McNerney up by 2,269 votes, but Contra Costa, San Joaquin and Santa Clara counties posted updates Wednesday.

Registrars in the four counties within the district continue to tally votes, and don’t expect to certify their final counts until at least Nov. 24.

McNerney — now seeking a third term in the House of Representatives — leads Harmer — an attorney from San Ramon’s Dougherty Valley area — in Alameda County by about 15.5 percentage points and in Santa Clara County by 8.2 points.

Harmer leads McNerney by about one-fifth of a point in Contra Costa County and by 4.3 points in San Joaquin County, the latter of which includes the largest chunk of the 11th District. San Joaquin County is also where American Independent nominee David Christensen fared best, with almost 7.1 percent of the votes cast; districtwide, he took about 5.1 percent.

McNerney’s campaign argued Wednesday that based on the trends so far, Harmer could close the gap by fewer than 300 votes from the 11,000 remaining provisional and vote-by-mail ballots in San Joaquin and Contra Costa counties, while McNerney could expect to pick up more votes than Harmer from among about 700 still-uncounted ballots in Alameda and Santa Clara counties.

31

CD11: Court dispute continues Monday, McNerney holds small lead

Democratic Rep. Jerry McNerney inched his way toward re-election as updated counts today showed him with a slim 548-vote lead over opponent and GOP nominee David Harmer.

But the outcome is still a long way from settled.

The gap represents a tiny 0.3 percentage points of the 176,108 votes counted in the 11th Congressional District, which remains one of nine House races nationwide still too close to call. The four county elections offices within the 11th District are plowing through the uncounted mail-in and provisional ballots but thousands of votes remain to be processed.

The fiercely contested race also had its first day in court today, as Republicans sought to force Contra Costa County Registrar of Voters Steve Weir to allow their election-count observers to challenge the veracity of signatures on vote-by-mail envelopes.

A Contra Costa County judicial commissioner declined to sign a temporary restraining order that would have stopped the signature verification process but kicked the dispute into Superior Court, where it is set for a full hearing Monday morning.

Weir said state law specifically allows pollworkers to challenge a voter’s right to cast a ballot and those who present proof before the election that an individual who was issued a vote-by-mail ballot is ineligible to vote. Election count observers, he said, are permitted only to question whether workers are following established procedures.

Every voter whose eligibility comes into question has the right to answer the allegation, Weir said, and allowing casual observers to challenge a voter after the fact is “not going to happen,” Weir said. “If a judge orders it, then we’ll have to see what we do next.”

GOP attorney Charles Bell argued that observation alone cannot ensure election accuracy. He told the court that Weir has failed to provide adequate access to the signature-verification process and observers should have the right to challenge a signature that doesn’t appear to match the original signature in the county’s voter registration database.

Click here to read the rest of the story.

I also thought readers might be interested in the county-by-county breakdowns as of this afternoon:

ALAMEDA COUNTY (15.5 percent of District 11 voters)

  • Harmer: 42.6 percent, 11,950 votes
  • McNerney: 57.4 percent, 16,086 votes
  • GAP: 14.8 percent, or 4,136 votes, in McNerney’s favor

CONTRA COSTA (24.6 percent of District 11 voters)

  • Harmer: 50.4 percent, 24,070 votes
  • McNerney: 49.6 percent, 23,718 percent
  • GAP: 0.7 points, or 352 votes, in Harmer’s favor

SAN JOAQUIN COUNTY (53.9 percent of District 11 voters)

  • Harmer: 52.5 percent, 45,958 votes
  • McNerney: 47.5 percent, 41,612 votes
  • GAP: 5 points, or 4,346 votes, in Harmer’s favor

SANTA CLARA COUNTY (5.9 percent of District 11 voters)

  • Harmer: 45.6 percent, 5,802 votes
  • McNerney: 54 percent, 6,912 votes
  • GAP: 8.7 points, or 1,110 votes, in McNerney’s favor

TOTAL

  • Harmer: 49.8 percent, of 87,780 votes
  • McNerney: 50.2 percent, or 88,328 votes
  • GAP: 0.3 percent, or 548 votes, in McNerney’s favor
67

CD11: Harmer taking Contra Costa to court

Harmer

Harmer

McNerney

McNerney

Congressional District 11 GOP nominee David Harmer will seek a court order in Superior Court in Martinez this afternoon to stop the vote-by-mail signature verification process in Contra Costa County.

Harmer, who ran against incumbent Democratic Rep. Jerry McNerney on Tuesday, says his team should be allowed to challenge the signatures on vote-by-mail ballots.

Contra Costa Election Clerk Steve Weir disagrees. He says the county’s written procedures and guidelines clearly state that observers may challenge the process of counting ballots but not individual signatures.

Challenges to a specific voter’s right to cast a ballot must be made through a pollworker at the polls or through a challenge of a voter who has requested a vote-by-mail ballot, Weir said.  This allows the voter to respond to a challenge of his or her right to cast a ballot.

“While Harmer has claimed irregularities, not one instance has been presented to us,” Weir said.

Harmer spokeswoman Melissa Subbotin disagreed and said the other three counties in District 11 allow challenges of signatures on submitted vote-by-mail ballots.

“We just want to ensure that the signature review process is done openly, fairly and transparently,” she said. “Neither side is being afforded the opportunity to review and observe the signature review process.”

The backdrop of this legal dispute is the outcome of the 11th District election.

McNerney leads by 568 votes, an incredibly tight 0.3 percentage point advantage. The votes were breaking the Democrat’s way on Election Day, which means McNerney has little incentive to challenge the counting of ballots that arrived in election offices on Monday and Tuesday.

Harmer, on the other hand, could benefit if signatures on late arriving ballots are deemed invalid and thrown out, ensuring that potential votes for his opponent never show up on the tally.

Stay tuned.