Recount confirms Boyd as sheriff

Morgan gains 2 votes on machine count, Boyd’s margin grows by 4 in hand count

By Kyle Troutman ktroutman@cassville-democrat.com

After a recount in the Barry County sheriff Republican Primary Election, the result has held.

On Aug. 9, Barry County Clerk Joyce Ennis’ office declared incumbent Danny Boyd the official winner with 3,090 votes to Challenger James Morgan’s 3,042 votes. Morgan filed with the 39th Judicial Circuit for a recount, and Stone County Associate Circuit Judge Alan Blankenship ruled the county complete a recount, both by hand and by machine.

Eight sworn election judges, four Republican and four Democrat, completed the hand count first, with Boyd getting 3,094 votes and Morgan receiving 3,042.

A machine recount — completed by three clerk’s office staff, one poll worker and a consultant from the voting machine company running five machines — confirmed the win for Boyd, who received 3,090 votes to Morgan’s 3,044.

Boyd and Morgan both attended the recount, which lasted from 9 a.m. to 2 p.m., shaking hands after and congratulating one another on a challenging race.

“I owe it to my people for the recount, to satisfy them and myself,” Morgan said. “I am satisfied with this result and support Sheriff Boyd in the next four years. It’s about the community.”

Boyd said he supported the recount being conducted.

“I’m glad we did a recount for the community, because they need to have the facts,” he said. “I was glad the judge ordered a hand count and a machine count, because there’s no discrepancy. I think the poll workers for doing the recount, and my supporters throughout the county  this election has been a tough one.”

Boyd said now, he’s looking toward the next four years and improving the Barry County Sheriff’s Office.

“The next four years, we will make changes and make things better,” he said. “And, I want people to know I have an open door policy. If you have an issue, don’t bash me on Facebook; come talk to me about it. That’s what it’s about, because we are a community. I am humbled and look forward to the next four years.”

As election judges were sworn in just after 9 a.m., Boyd’s attorney, Michael Riehn, and Morgan’s attorney, Blake Fields, agreed state statute require the court, specifically Judge Alan Blankenship, to supervise in person. 

After a few minutes, that portion of the statute was read aloud, and both Boyd and Morgan verbally agreed to continue with the recount. 

The portion of the statute under scrutiny, RSMo 115.543, states, “Each recount shall be completed under the supervision of the court, and the persons appointed to assist with the recount shall perform such duties as the court shall direct.” 

Upon confirmation the recount would proceed, the media was asked to leave. Ennis said at the court hearing Monday, she asked Blankenship if media were allowed to attend.

“The judge said it was up to me, and we decided we didn’t need the distraction,” she said.

Additionally, RSMo 115.543 states, “No one other than the election authority, representatives of the court, the contestant and contestee, their attorneys, and those specifically appointed by the court to assist with the recount shall be present during any recount ordered…”

When the recount concluded, Ennis said she was happy with how the process unfolded.

“Overall, it went well, and much quicker than I expected,” she said. “But, I chose good people.”

Ennis said the number of ballots set aside for interpretation were few, and for different reasons. In cases where the oval was not filled in properly, she said judges interpreted the intent of the voter.

“One ballot was marked by the machine as an undervote, but the person had drawn a heart in the oval and circled the candidate’s name,” Ennis said. “In the hand count, that vote was counted for that candidate based on the intent of the voter. On another ballot, the person missed the target area completely but circled the name, and that vote was also given to that candidate.

“Another one had a sticky substance on it like someone had candy in their hand when they voted. We had about 7-10 we had to determine intent, and they turned out how the machine read them.”

Ennis said to ensure a ballot counts, voters should take care to follow the marking instructions.

“There needs to be some voter responsibility in how they are marking their ballot,” she said.

Ennis said the hand count and the machine count will both be submitted to Blankenship to adjudicate the final result. 

The outcome, either way, remains unchanged.

Ennis also said the difference between Republican Primary ballots cast and votes in the sheriff race — a total of 93 ballots per the official Election Summary Report — were undervotes, where the sheriff ovals were left blank, or overvote, where more than one candidate was selected.

Gary Youngblood, Barry County Clerk from 1995-2018 and Ennis’ predecessor, said in his time at the clerk’s office the county performed a handful of recounts, one statewide and a few local.

None, he said, ever changed the original outcome.

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