Sumner Takes Lead by 14 in Recount of 40th District Votes

For the first time, Orange County Democratic Party Chairman Bruce Sumner on Tuesday moved ahead of Art Hoffmann, a follower of political extremist Lyndon R. LaRouche, in the continuing recount of ballots for the Democratic nomination in the 40th Congressional District.

Sumner said he was talking to a reporter near the site of the recount at the county registrar of voters office when attorney Frank P. Barbaro, who is overseeing the recount for him, signaled him with a V for victory as he went two votes ahead of Hoffmann at 1:15 p.m.

By 6 p.m., Sumner had taken the lead by 14 votes, with ballots in 134 of 705 precincts hand-tabulated, officials said. When the day began, he had been trailing Hoffmann by 29 votes.

“I’m not claiming victory yet,” Sumner said, “but I’m confident, based on the pattern that has emerged so far.”

Hoffmann was not present at the recount, and his representatives monitoring the proceedings declined comment.

Sumner, a retired judge who waged a well-financed write-in effort against Hoffmann in the June 6 election, initially appeared to have won by 1,459 votes, based on a machine count of the ballots. But a subsequent hand tally showed Hoffmann ahead by 267 votes, and Registrar of Voters Al Olson declared Hoffmann the winner.

Sumner asked last week for a recount following disclosures of apparent irregularities in the way volunteer poll workers had counted write-ins. Several precinct workers claimed that they had been misinformed about write-in procedures and had, in some cases, prevented voters from casting write-in ballots.

As the recount continues, Sumner said he has been picking up an average of 1.5 votes per precinct and has made up a 270-vote deficit since the recount began last week. The Democratic Party chief went ahead in the 108th precinct recounted, with 597 precincts remaining.

Sumner and other party leaders were embarrassed earlier this year when Hoffmann was the only Democrat to file for the seat held by Rep. Robert E. Badham (R-Newport Beach), which prompted Sumner’s vigorous write-in campaign.

Olson has said the recount could take several weeks. If Sumner prevails, the $500-per-day cost of the recount will be borne by taxpayers.