EXCLUSIVE: Plot thickens in District 151 House race

By NOREEN HYSLOP

Managing Editor

The primary elections ended at 7 p.m. Tuesday, Aug. 7 -- but the drama surrounding the race for State Representative in the 151st District continues to build.

When the votes were tallied in Stoddard County Tuesday night, Dexter native Bob Thrower came out 87 votes ahead of his Advance counterpart, Dennis Fowler. However, because of the redistricting and renaming of the district last year, a precinct from Scott County also entered into the final picture. When those numbers were received, the outcome was reversed. Fowler came out ahead by eight votes. A total of 493 votes were cast in Scott County in the 151st District. Fowler earned 294, and Thrower received 199.

In the first days following the election came the news that Thrower and Fowler were not listed on a portion of the ballots that were distributed at a Chaffee precinct that falls into the 151st District. What followed was some supposition that there could be a re-election process to remedy the situation if Thrower was to contest the issue. Thursday afternoon, a news release was issued from the office of Bloomfield Attorney Russ Oliver that offers Thrower an ultimatum to drop any plans for contesting the election -- or another lawsuit will be filed by Steve Jordan, who lost the bid on the Republican ticket by a single vote in Tuesday's primary race for a seat on the county commission.

Oliver serves as Stoddard County's Prosecuting Attorney, but in the news release he is acting in private practice.

According to Thrower, he was ready to concede the race, but he was faced with the issue at Chaffee. He received a call on the morning of the election from someone who resides in the area of Scott County in the newly established District 151. The caller stated that the Republican ballot he was provided at the polling place in Chaffee did not have Fowler or Thrower listed as candidates. Thrower was soon assured from Scott County that the error had been corrected. However, he reported having received another phone call at 7:30 a.m., an hour and one-half into the election process that reported the wrong ballot was still being handed out to voters in Chaffee.

Scott County Clerk Rita Milam confirmed to the Southeast Missourian in Cape Girardeau on Wednesday that she did indeed speak with both Republican candidates about the issue of voters being handed the incorrect ballot. The precinct referred to is split between the 151st and the 148th Districts, and so pollers had to distribute the proper ballots based on where voters resided. Tuesday's election was the first in which the ballots were divided in that precinct due to the recent redistricting.

When Thrower spoke with Milam on Wednesday, she reportedly told him he would have to "file a suit" in order to resolve the issue and possibly propose a re-vote in that precinct, if that is even an option.

While Thrower has yet to decide what action, if any, to take, the news release received Thursday afternoon pleas with Thrower to dismiss any thoughts of contesting Tuesday's election.

Russell's news release that was sent to dozens of media outlets across Southeast Missouri, is titled, "JORDAN TO THROWER: DROP YOUR ELECTION CONTEST AND I'LL DROP MINE."

The release states that unless Thrower drops any intention of contesting the election results, Jordan will "file his own election contest against Danny Talkington, who according to Jordan is in the same camp as Thrower, if Thrower persists on seeking his election contest. However, if Thrower drops his lawsuit, Jordan says he will be more than happy to do the same."

Thrower, in response to the news release late Thursday, clarified part of the issue by stating that he had not filed any contest or suit regarding Tuesday's election outcome.

"I am still looking at options," Thrower said, "but I have not filed any suit as is stated in the release. I have only confirmed that I am looking at options to resolve the issue" (referring to the Scott County ballots).

"I talked to the Scott County Clerk, (Milam) and she said if I want to figure out how many bad votes there are, whether that's zero, one or 50, I'm going to have to file a suit," Thrower said, and reminded, "We're not talking about a recount (in Scott County). We're talking about bad ballots."

Thrower says he also asked Milam if she could compare the actual number of registered voters that voted, against the number of voters who voted in the District 151 House race. "The clerk said the ballots were already sealed," he said, "and it would require someone other than her to get that accomplished."

Oliver's news release also stresses that any lawsuit or possible rescheduling of a special election that could possibly result in Thrower's contesting the race, should that develop, would "delay the final disposition of the Republican primary possibly to sometime in September or later, leaving approximately only 1 month for the Republican nominee to take on his Democrat opponent."

Expressing his concerns for the Republican party as it stands in Stoddard County, Jordan says, "On election night I was and still am willing to pack up and go to the house with no recount on a one vote margin because it is in the best interest of our party"..."but unless Bob Thrower and his Dexter contingency do the same with their 8 vote loss, I'm not going anywhere. If they think they are going to tear our party apart from the inside out and not have a fight on their hands they are badly mistaken."

Thrower, who has contacted the Secretary of State's office for clarification on his options regarding the Scott County votes, confirmed Thursday that he has no intention of casting a shadow upon the local Republican party.

"This is not about me," Thrower concluded. "This is not against Dennis Fowler -- at all."

According to a representative from the Secretary of State's office late Thursday, a re-election process would have to include the entire 151st District. However, a judge could order otherwise. The time frame is not later than five days after the primary election are certified by the Secretary of State's Office. Those results will be certified no later than August 28, 2012.

If a new election is deemed necessary, it must take place not less than 14 or more than 30 days after the order is court issued.