The City of Colleyville received a hand delivered letter, at 9 a.m. this morning, putting the city on notice that Richard Hendler has retained the firm of Hill & Magee in the matter of the May 5, 2001 election.

The letter states in part that "Thursday afternoon, May 10, 2001, one day prior to the scheduled recount, Mr. Hendler learned from you (the City Secretary) that there were apparently some procedural irregularities and improper handling and/or marking of early vote ballots that had been rejected by the electronic counting machines on election day and, as a result of such irregularities, improper votes may have been included in the election totals." 

See Letter

The letter was delivered to the City Secretary on the morning a machine recount is to take place. 

Representatives from LNO attempted to attend the recount and photograph the activities.  However, LNO was told that state regulations prevented anyone but representatives of the candidates and officials to attend. There will not be a Palm Beach photo opportunity of the effort as a result.

LNO spoke with Steven Magee, an attorney representing Mr. Hendler, and he stated it was his understanding that state regulations "allowed" cities to bar the public or media, however it is not mandatory.

Mr. Magee also said that, because of the revelations by the City Secretary, that Mr. Hendler was not waiving his right to contest the election, regardless of this morning's outcome.

LNO is awaiting the results of this morning machine recount and will report on-line immediately upon receipt.

When the City Secretary was asked if she had any comments this morning, she informed the LNO representative that he must leave and offered no explanation for her statements that "irregularities" had occurred.

Of particular interest in the Hendler camp is a mysterious brown envelope that turned up at the initial hand count review.  The City Secretary refused to allow examination of the contents by Mr. Hendler's representatives.  Mr. Hendler's attorney, Mr. Magee, states that he "presumes the envelope contained questionable ballots".  Mr. Magee has confirmed he intends to pursue his client's rights to review all ballots, including those that were "allegedly marked by poll workers."