The District 30 state Senate race ended last month with incumbent David Ulibarri beating challenger Clemente Sanchez by eight votes. The race’s thin victory margin triggered the state’s new automatic recount law, which requires a recount if the margin is less than one-half percent of all ballots cast.

But while preparing for the recount, the Cibola County Clerk’s office discovered there were more than 180 ballots missing, prompting the Attorney General’s Office to launch an investigation. Despite that development, the state canvassing board certified the results of the race last week, so the recount could proceed.

KUNM radio reporter Sarah Gustavus takes a look at the case of the missing ballots and what it all means. Listen here.

Among the things KUNM reporter Sarah Gustavus finds is that the precinct judges where the ballots went missing told Cibola County Clerk Eileen Martinez that they didn’t remember what happened to them.

According to Gustavus’ report:
 

Martinez says she called both presiding judges and asked them what happened to the ballots.

MARTINEZ:  “They didn’t say and they just don’t remember.  Both presiding judges were new, so I just don’t know what they did with them.  They don’t remember what they did with them.” 

She says she believes the missing ballots are simply the result of human error.

But the recount went on without the paper ballots.

Gustavus also discovers that the legal guidelines for conducting the district 30 recount, without the missing paper ballots, was created last week — more than a month after the June 3 primary. Phil Sisneros, spokesman for Attorney General Gary King, confirmed that in an interview.

According to Gustavus’ report:

SISNEROS: “The protocol gives wide discretion to the district judge and county clerk to use whatever they need to, and in this case it was the computer cartridges, to get the recount figured out.”

Sisneros says the protocol for missing ballots was created sometime last week, about a month after the election. And he says the protocol could possibly be used in future elections, if ballots go missing again.

Gustavus also hears from Gov. Bill Richardson, who pushed hard for a single paper ballot system in 2006, saying that it was more foolproof than other elections systems.

Again from the report:

Governor Bill Richardson pushed for the paper ballot system in 2006. The Governor, who is also a member of the state canvassing board, says he stands by the District 30 recount results.

RICHARDSON: “well we already certified it. I believe a major effort was made by the county clerk and the secretary of state to find all ballots, and we certified the election.”