Have the recount. When Vo wins again, Heflin should just give up the ghost. If Heflin wins the recount, things get messy, however. Then the committee approach appears to have some merit.

And then there's the "perfect majority theorem" -- http://www.centerforpolitics.org/crystalball/article.php?id=LJS2004110901.

Hmm. It seems to me I remember a lot of shouting in 2000 about votes that had been counted, and recounted, and recounted...

Seriously, in this case, I have confidence that, thanks in part to a lot of pressure on the County Clerk's office to get it right, every effort was made to accomplish a fair count yesterday. And yes, I would have said the same thing if the outcome had favored Heflin, which I halfway expected would be the case.

If Heflin is entitled to a recount, by all means let him have one... under the same strict conditions as the one just held. But each successive count is intrinsically less trustworthy than the previous. To my mind, as more days and possibly weeks pass between the election and the count, there are more opportunities for people to "find" additional votes. I have my own ideas about who might do so... hey, I'm unashamedly partisan, and I've had a bit of experience... but human nature is such that some unscrupulous figure from either party might attempt suddenly to "discover" votes. Obviously, Republicans, as they control the County Clerk's office, have the best opportunity to bring such votes into the process.

But let's presume the best. Assume another fair count is made. Assume further, for the sake of argument, that Vo again wins by a handful of votes. If Andy Taylor actually contests the election and throws the resolution of it into the House, and if a House committee resolves matters in favor of Heflin, consider the consequences: no Democrat in Harris County... hell, no Democrat in Texas... will ever trust the electoral process again. Any Republican who thinks this would be an acceptable or even desirable result is just not thinking clearly.

It's not just that no Democrat would ever trust the process again. For one thing, the GOP in Harris County would lose thousands of Asian voters to the Democratic party. There would be a real groundswell against Beverly Kaufman - fair or unfair she would be the target of anger. It's hard to imagine that thinking things through, the Speaker would really want to go that route. I say, do the recount first. If Talmadge is behind, he should concede.

""You're Crazy," Barton replied."

This is the first time i find myself agreeing with Joe Barton

Here's the panel's decision in 1994-1995 on the Erickson / Wohlegemuth race. I got it emailed to me today and posted on it here:

By Junell H.R. No. 285
74R6378 GGS-D
R E S O L U T I O N
1-1 WHEREAS, Proceedings were initiated by Bernard Erickson to
1-2 contest the election of Arlene Wohlgemuth to the office of state
1-3 representative, District 58; and
1-4 WHEREAS, Pursuant to Chapter 241, Election Code, Speaker
1-5 James E. "Pete" Laney appointed a master of discovery for the
1-6 election contest on December 21, 1994, and a Select Committee on
1-7 Election Contest on December 21, 1994, to begin consideration of
1-8 the contest; and
1-9 WHEREAS, Pursuant to Chapter 241, Election Code, Speaker
1-10 James E. "Pete" Laney appointed a master of discovery and a Select
1-11 Committee on Election Contest on January 11, 1995, to continue
1-12 consideration of the contest; and
1-13 WHEREAS, On February 14, 1995, after a public hearing the
1-14 committee found by a vote of 9 to 0 that in the matter of the
1-15 election contest for District 58 the contestant did not by clear
1-16 and convincing evidence establish that the outcome of the contested
1-17 election, as shown by the final canvass, was not the true outcome
1-18 because of any ground prescribed by Chapter 221, Election Code; and
1-19 WHEREAS, On February 27, 1995, pursuant to Section 241.017,
1-20 Election Code, a written statement of withdrawal signed by the
1-21 contestant was filed with the chairman of the committee and the
1-22 speaker of the house of representatives; now, therefore, be it
1-23 RESOLVED, That the contestant's statement of withdrawal of
1-24 the election contest be read into the journal, as required by law;
2-1 and, be it further
2-2 RESOLVED, That the Select Committee on Election Contest and
2-3 the master of discovery appointed to assist the committee be
2-4 discharged and that the committee need not make further report to
2-5 this house; and, be it further
2-6 RESOLVED, That pursuant to Section 241.025, Election Code,
2-7 each party to the election contest bear the party's own costs, and
2-8 that this house bear the costs of the proceedings of the master of
2-9 discovery and the committee, and that the contestant's security for
2-10 costs be returned to the contestant; and, be it further
2-11 RESOLVED, That Arlene Wohlgemuth be continued in office as a
2-12 member of the house of representatives for District 58, 74th
2-13 Legislature.

I'll be shocked if there's a recount (which likely will not favor Heflin) and it goes to the House. Mack overplayed that possibility, in my view.

If I'm wrong about it -- Heflin loses the recount but pursues a House solution -- then I'll buy folks who want to email me a round of beers and toast Mack's wisdom. Obviously, I don't think I'm going to be buying any of you beers or toasting Mack's wisdom.

Indeed, I think we only get the House option if a recount favors Heflin (as binkley suggests). At that point, it's just a mess. But I really don't think we're headed there.

Incidentally, the Chron should be embarrassed that Casey piece ran. Any quality newspaper would be. But that's not what we have in this town. More on that later, elsewhere (of course).