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Writer's pictureMichelle Parsons

Bryan Shupe v. Patrick Smith Recount and Election Audit

Updated: Sep 15

The weekend is not even over yet and we have been so busy. First, on Friday some of us observed the Patrick Smith Campaign demand a recount of their very close election, we observed the Audit of the Primary Election, I gave an interview to International News Istanbul on the Presidential Debate, AND we participated in the DNREC sponsored Beach Clean Up in the 38th District, whew!


The Recount

A recount is triggered when a race is so close that the margin of the difference between the candidates is less than 0.5%. And this was almost the case in the District 36 Republican Primary race.

Bryand Shupe v Patrick Smith

In the evening of the Primary Election Day, around 11:30pm, after the Election Day and Early Voting ballots were tabulated and closed out, there were 1,156 votes for incumbent Bryan Shupe and 1,145 votes for the Republican challenger Patrick Smith, a difference of 11 votes. 1,156 plus 1,145 equals 2,301 votes cast and then 11 votes divided by the total votes cast (2,301) would be 0.48%, which would trigger a recount. BUT, and there are two BUTS here:


But Number One

As stated above, the Election Day and Early Voting vote counts finished counting and closed out their batches around 11:30pm. This is likely the voting count Closed Report that the candidates received at that time. HOWEVER, the Absentee Ballots count was still open! Not all of the Absentee ballots had been counted. When the Absentee Ballots count was closed shortly after 11:30pm, one more Absentee ballot was counted, and it went for Bryan Shupe.


So now the count went to:

Bryan Shupe 1,157 Votes

Patrick Smith 1,145 Votes

Difference 12 Votes

And 12 votes divided by 2,302 equals 0.521%.

Not enough to trigger a recount!


But Number Two

Even though 1,157 plus 1,145 equals 2,302. There were in actuality 2,323 votes, 21 more ballots were counted! How???? There were 21 people who did not vote for either Bryan Shupe nor Patrick Smith. These folks may have voted for Governor and US Congress, but they didn't bother to vote for their Representative. Weird.

So now we have12 votes divided by 2,323 total votes, which is 0.516%. Again, not enough to trigger a recount.


Who Decides to Go Forward With A Recount?

Since this vote was SO close, the Patrick Smith campaign requested a recount. The Sussex DOE is not the authority to determine that, so the State Director of Elections, Anthony Albence, reportedly in conjunction with the Attorney General, decided against allowing the recount, even though Bryan Shupe agreed to the recount.


Two Arguments for a Recount

One, since we have a Board of Elections, should not the Board rule on this case, instead of one Director of Elections? A Board vote would likely still vote against a recount though.


Two, in my opinion, a count was never actually done, as the results were calculated by machines. So we have a calculated count, not an actual count. In my opinion, the Patrick Smith Campaign could ask for an actual count.


Three, and what is on a lot of peoples' minds is, where did this last Absentee Ballot come from?? What was the chain of custody of this ballot, was there a time stamp? Personally, I think this last Absentee Ballot is legit.


Since we are a society of rules and laws, if the trigger for a recount is less than 0.5% and that threshold was not met, then there is no recount, regardless of how close it is. What does the DOE fear if they go ahead with a recount, even though both candidates agree to it? In their opinion, their concern is a potential lawsuit, for performing an unnecessary recount. I guess we will see what happens next.



Primary Election Audit

Which brings me to the next event we witnessed on Friday, the Primary Election Audit. If we don't trust the machines and we prefer paper, an audit is the closest thing we have to a paper ballot count. When we vote on the ES&S electronic machines, the paper Activation Card marks your candidate preferences, which voters can view before they cast their vote on the machine. These paper Activation Cards are stored along with the voting tapes and the electronic records for 22 months. In the case of Sussex County DOE, they performed the three required audits early and on one day.


The required audits are:

One entire polling location.

One electronic voting machine from one polling location.

One Statewide race from one polling location.


The Sussex DOE randomly selected (drawn from a hat) these three sites:

One entire polling location: North Laurel Early Learning polling location for RD 40-01

One random voting machine from one polling location: Seaford Middle School

One Statewide race from one polling location: Lt Governor from Rehoboth Fire Hall Station 2 (14-05)


For these audits, all of the paper Activation Cards from the designated polling location or designated electronic voting machine and the paper Activation Card counts were compared to the electronic voting machine printed tapes. Yes, they all matched up.


One criticism here is that the audit was performed by the DOE itself, not an outside agency. though it was observed by the public, the attendance was low, two of us.



In Conclusion of These Two Events

I don't believe a recount would change the results of this election, though as I said before, no actual count was done, only an electronic calculation by a machine. That said, after witnessing the audit, I don't think a physical recount of the paper Activation Cards would actually change this vote. Could something nefarious have happened like ballot stuffing or illegal ballot harvesting? If so, a recount would not capture those occurrences, so investigating such a close race is still worthwhile.


Interview with Turkey

Later Friday evening I was contacted by the International News Istanbul TV station (TRT World) to give a live interview! So I found my Delaware Delegate ensemble, asked Chair Julianne Murray for advice and hoped I gave a good perspective on the debate. One thing I will say, while on stand-by in their virtual waiting room as I listened to their broadcast, is that in Turkey, they have a high opinion of our country and what we stand for. They look to the US to stand up for what is right, still. It was surprising to hear another country's media speak so highly of ours, but so heartening. We truly are the last bastion of freedom, liberty and justice in the world. This is why our elections matter so much!


38th Attends DNREC Sponsored Beach Clean Up

OK, back to Delaware, as Republicans in the 38th District, not only are we involved in elections, but we are also involved in supporting our community. Therefore, several of us attended the DNREC sponsored annual Beach Clean Up event. We met at Fenwick Island Beach, were given bags or buckets by DNREC and a check off sheet for items we found. I have to say, this was MUCH MORE fun than I expected, it was like a treasure hunt, or an anti-treasure hunt. The most common thing we found were bottle caps and bottle paper labels. The grossest thing we found, close to the Maryland line, was a hypodermic syringe, gross! The strangest thing we found was a spent 12 gauge shot gun shell! Thank you, King James for the idea to attend this event!




Hispanic Festival Georgetown

The weekend is not over. Please join the Sussex GOP at GOP Office in Georgetown to interact with festival attendees! Sunday 9/15/2024 11am-4pm. Contact Tom if you would like to carpool!



Volunteer Zoom Meeting Tuesday

Election Volunteer and EDC Zoom Meeting this Tuesday September 17th 6:30pm. Email me if you can join and I will send you a link. Next 38th District Republican Club meeting is Monday, September 23rd at the Millville Town Hall.



Do You Want to See These Billboards Up?

We are only half way to our fundraising goals to publish all of our billboards. If you feel this election is important and you would like to see these billboards in the 38th district, then please donate any amount today, so we can make our dreams a reality. We thank you and your children thank you! Donate HERE.


Please Choose Your Favorite Billboard Below

We have prepared some billboards to go up soon in our local 38th area. Please take a look, and let me know which ones should stay, and which should go. We've got more! Vote now.


Vote for Your Favorite Billboard

  • We want Donald J. Trump!

  • Your vote can't be stolen when you vote!

  • Vote Early!

  • No tax on tips!


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If you like what we do and would like to help support our mission, please send us a donation. We thank you for choosing to keep the 38th District Republican Club a success and a beaming light of conservative values in Delaware!


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Do you want to get more involved locally? The 38th District includes Bethany Beach, South Bethany, Fenwick Island, Ocean View, Millville, Selbyville and Frankford. YOU can make a difference! Email info@38thdrcp.com for more information. Also, sign up for the State GOP e-Newsletters here.


Listen to WGMD 92.7 and 98.5 for local news!

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38th Club Meeting, Monday, Sept 23rd, 6:30pm, Millville Community Center

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38th Club Meeting, November 25th, 6:30pm, South Coastal Library, Bethany Beach


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