N.C. Senate Leader Phil Berger, left, remains 23 votes behind his primary challenger, Rockingham County Sheriff Sam Page, after an initial machine recount in Rockingham and Guilford Counties. (Berger photo courtesy of NC General Assembly; Page photo courtesy of his campaign)
NC Senate leader Phil Berger, who continues to trail Rockingham County Sheriff Sam Page by 23 votes after an initial ballot recount, has asked the state Board of Elections for more recounts.
A second recount would entail a hand count of 3% of precincts, early voting sites, or a combination of both.
If the state board decides a hand count is necessary, it begins within two business days of the request.
In his letter to the state board, Berger also requested a hand-eye count of all ballots, or at least, of the ballots that were “overvotes” where the voter picked both candidates, and “undervotes,” where it appeared no candidate was selected.
Berger maintains that a hand-eye recount of those ballots could show voters actually picked a candidate in the race, but made marks the machines could not read.
This is the second time Berger has asked the state board for a hand count of overvotes and undervotes. The board on Wednesday declined to take up his request.
In a press release, Berger recount spokesman Jonathan Felts said Rockingham and Guilford handled undervotes differently.
“So, two different counties now seem to be using two different sets of rules for undervotes and other unreadable ballots. That’s not fair to the voters of SD-26. And that’s why Sen. Berger continues to urge the NCSBE to conduct a hand-inspection for the 220 undervotes and overvotes,” Felts said in a statement.
Patrick Sebastian, a post-election advisor to Page, said Berger is asking for special treatment. At this point, Berger is able only to ask for a partial hand recount.
All ballots have been counted as required by law, according to Sebastian’s press release.
“Phil Berger is once again asking for special treatment and trying to change the rules after he lost. North Carolina law is clear — and it applies to everyone. Senator Berger doesn’t get to rewrite it because he doesn’t like the outcome,” Sebastian said in a statement.
Senate District 26 includes all of Rockingham and portions of Guilford County.
After initial ballot counts were complete, Page led Berger by 23 votes. Page maintained that 23 vote lead after Rockingham and Guilford’s machine recounts this week.
Berger is one of the state’s most powerful politicians. He has led the Senate since 2011. President Donald Trump endorsed him.
In 2023, Berger pushed a controversial plan that would have allowed casinos in rural counties, including Rockingham The plan came under sharp criticism, with Page as a vocal opponent.
The long-time sheriff claimed Berger had lost touch with his constituents.
Elections boards in Rockingham and Guilford counties agreed to consider Berger’s election protests. The Rockingham hearing is scheduled for March 27, and the Guilford hearing is set for April 6.
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