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Nov. 21, 2024 |  By: Rudi Keller - Missouri Independent

Margin on Missouri sports betting amendment narrows as counties tally official results

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By Rudi Keller - Missouri Independent

A late report adding nearly 10,000 votes to Christian County’s election results has narrowed the margin for Missouri’s sports betting amendment and put it in range for a possible recount.

The official results from Christian County, certified last week, increased the county’s vote total on Amendment 2 by 9,653, with a margin of 3,995 votes against sports betting among the additional ballots. Added to the statewide tally maintained by the Secretary of State’s office, just that change would shrink the statewide margin from a 4,363-vote majority on Election Day to a mere 368 votes as of Monday out of nearly 3 million votes cast.

But other changes will be made as the 116 election jurisdictions around the state certify their results, a process that must be completed by Tuesday. The Independent checked websites for the 50 counties with the highest number of votes on Amendment 2, finding official results in 25.

In most of those jurisdictions, a few dozen, or at most, a few hundred additional votes were reported in the final tallies. With those votes included, the majority for Amendment 2 stood at 720 votes.

That would be well within the 0.5% margin for a recount if it is requested. A recount would not be automatic.

None of the eight largest voting jurisdictions, representing half the total statewide vote, have certified final results. All eight passed Amendment 2 by strong majorities.

Final state certification of the results must occur by Dec. 10. Any recount would take place after that certification.

Jack Cardetti, spokesman for Winning for Missouri Education, which backed Amendment 2, said the campaign is confident the margin will hold up. The counties that have certified the Nov. 5 results include many where the majority went against the amendment but the additional votes reported favor the proposal.

“The fact that even the provisional ballots are coming in on the net side for us is good, so you can imagine what St. Louis and Kansas City will show,” Cardetti said.

The campaign is monitoring the final certifications, he said.

“We’re gonna watch them very carefully today and tomorrow as they come in,” he said.

The reason Christian County reported 40,622 ballots for Amendment 2 on election night and 50,275 in the official results is because of the huge volume of early votes received and limitations imposed by the ballot counting equipment, said Eryn Flood, deputy clerk and director of elections.

County clerks must accept ballots from overseas military voters that arrive by the Friday after an election as well as tallying any provisional ballots determined to be valid, Flood said.

“With us having such a high volume of absentees, we were running out of machines, and so we had to keep three machines open to ensure that we had enough room for Friday,” Flood said.

This was the first presidential election where Missourians had two weeks of “no excuse absentee voting” to cast ballots before Election Day. Hundreds of thousands of voters took advantage of the law.

“We might have to look into, for presidential elections at least, having more machines,” Flood said. “I don’t think the entire state of Missouri was ready for the amount of people coming in their offices to vote.”

Of the counties that have certified their results, the largest number of additional votes for Amendment 2 were reported in Boone County, where an additional 243 “yes” votes were reported against 115 additional “no” votes.

If the margin remains at about 700 votes, that would be a majority of 0.03% of the statewide vote, well within the 0.5% margin that would qualify it for a recount. JoDonn Chaney, spokesman for Secretary of State Jay Aschcroft, said Monday that the recount must be requested by someone representing the campaign against the amendment.

“Only certain groups, not anybody, can request it,” Chaney said.

In an email, Chaney said Ashcroft and previous secretaries have interpreted the law to mean only people with a direct interest in the issue can request a recount.

“As we are not an adjudicatory body, any change in this interpretation would need to come from the courts,” Chaney said.

Winning for Missouri Education raised the most money in Missouri history for a ballot measure, spending nearly $40 million to get on the ballot and advertise during the fall campaign. The opposition, Missourians Against the Deceptive Online Gambling Amendment, raised $15 million to defeat it but pulled its ads three weeks before the election.

“We have no plans to request a recount at this time,” Brooke Foster, spokeswoman for the opponents, said Monday.

The language in state law, however, doesn’t limit recount requests to groups formally organized to oppose a ballot measure. The last statewide recount of a ballot measure was in 2014, when Amendment 1, known as the Right to Farm amendment, passed by 2,490 votes during the Aug. 5, 2014, primary.

Wes Shoemyer, a former state lawmaker, was the treasurer for Missouri’s Food for America, which opposed the Right to Farm amendment. He requested a recount, but it was based on his status as a voter who opposed the measure, not his position with the opposition campaign.

“The voter has more rights than the treasurer,” Shoemyer said. “Anybody who wants to come out and say they voted no can ask for it.”

Recounts rarely change the outcome of an election but it was important to make sure, Shoemyer said. On the Right to Farm amendment, the majority narrowed to 2,375 votes.

“You might get lucky, man,” Shoemyer said. “We were less than one quarter of 1%, and things have been counted wrong. You know, mistakes have been made.”

The backers of Amendment 2 are confident they will prevail in the official tallies and any recount 

“We’re watching the votes come in extremely carefully here, but we feel really good about where we’re at,” Cardetti said. “We’re going to win this election when every last vote comes in.”