One of the most contested races in the North Carolina primary election this month was the Republican primary race between state Senate Leader Phil Berger and Rockingham County Sheriff Sam Page. As of now, Sam Page has won the race by 23 votes. Phil Berger is demanding a recount (which he is entitled to). He is, however, required to play by the recount rules.

On Wednesday, The Daily Haymaker reported:

Republican state Senate Leader Phil Berger (R-Rockingham) was handed a setback in his election recount efforts Wednesday when the North Carolina State Board of Elections declined to take up his request for an expedited hand-eye recount of 220 ballots.

The decision comes as Berger seeks to overcome a 23-vote deficit to primary opponent Rockingham County Sheriff Sam Page. The request for the hand-eye examination — meaning visual review by human counters without the use of a machine — came as part of Berger’s request for a recount of the race on Tuesday, which remains ongoing.

Of the ballots Berger singled out, 217 are undervotes, in which voters appear to have not voted on a ballot item despite casting a ballot, either because they left the section blank or left an unclear marking. The other three are overvotes, ballots in which multiple candidates appear to have been selected, invalidating the vote

There is no remedy for the former if they truly are undervotes, said State Board of Elections Executive Director Sam Hayes, because the board “can’t account for something that is not there.”

Under state law, “if it is impossible to clearly determine a voter’s choice in a ballot item, the official ballot shall not be counted for that ballot item.” For ballot items where selections cannot be read by a machine, votes can only be counted if “human counters can clearly determine the voter’s choice.”

The article concludes:

Spending $12 million of other people’s money to eviscerate your opponent — and you STILL manage to lose by 23 votes. Losing your home county by 2-to-1.  (*Oh, the agony …*)

The Mustache™ is hinting that they’re planning to lawyer up and pull a Jefferson Griffin.  And why not?  It worked *so well* for the plan’s namesake.

I wonder if the party establishment will moan as loudly this time about all the damage the court fight is doing to the party?

This is something to watch carefully. Phil Berger is not going to give up his power easily.