A vote recount began Monday morning in the contested race for a South Bay congressional race after the second and third place finishers were tied.
Gay Assemblymember Evan Low (D-Cupertino) and Santa Clara County Supervisor Joe Simitian (D) each received 30,249 votes. First place finisher Sam Liccardo (D), a former San Jose mayor, received 38,489 votes.
The trio is running to succeed Congressmember Anna Eshoo (D-Palo Alto), who decided to retire when her current term expires.
It reportedly marked the first time three candidates come out on top in a primary race since California began using its open primary system. Adopted by voters in 2010, normally only the top two vote-getters regardless of party affiliation advance out of the primary to the general election.
As the Bay Area Reporter previously reported, in the case of a tie in a primary race for one of the top two positions advancing to the general election, both candidates would appear on the fall ballot. Thus, in the race for the District 16 House seat spanning San Mateo and Santa Clara counties, Liccardo, Low, and Simitian would all compete in the November 5 election.
But last week, a voter asked for a recount on behalf of Low, although the assemblymember has vehemently denied it was done at his request. The voter, Jonathan Padilla, is a former staffer to Liccardo when he was mayor and a former Democratic Party delegate for President Joe Biden.
On Friday, the Mercury News reported that an attorney for Padilla delivered a check for $12,000 for the deposit so that the recount can commence. The paper also reported that it would be a machine recount, which would be substantially less expensive than a hand recount. Thus, ballots will be rescanned beginning Monday.
The recount would also include San Mateo County, as the congressional district includes both jurisdictions. The majority of the district — 81% — is in Santa Clara County.
The Mercury News noted that additional funds for the recount are to be paid on a day-to-day basis.
After initial publication of this article online, Steve Goltiao, a deputy communications spokesperson for the Santa Clara Registrar of voters, stated to the B.A.R. that the next deposit of $12,000 is due by 10 a.m. Tuesday.
The Mercury News reported the machine recount is expected to cost about $84,200 but could be higher if Padilla and his lawyers request that additional materials are counted, including mail-in and provisional ballots.
Goltiao stated that the recount in Santa Clara County is expected to take five days, but could take longer if those additional ballots are counted.
In an April 10 statement on X, Padilla wrote that he requested the recount because former President Donald Trump represents an "existential threat" to democracy and believes in not counting the votes. He stated that people should want votes counted. He did not address his ties to Liccardo or the fact that the 16th Congressional District is a solid blue seat for which three Democrats are currently running.
Padilla wrote that his statement would be his only comment on the recount until it is completed.
In related news, last week attorneys for Low sent a letter to San Mateo County elections chief Mark Church asking him to address the question of whether a refund will be issued if the election results change. According to the attorneys from Elias Law Group, the law states that a refund is not permitted "in this unique situation" where there is a tie and both tied candidates are already advancing to the general election.
"Issuing a refund could be an illegal gift of public funds," Low's attorneys wrote.
Updated, 4/15/24: This article has been updated with information from the Santa Clara County Registrar of Voters.
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