Mia Moran-Cooper, the former director of the West Virginia Problem Gambler's Hotline, had called for the recount. The election was close and had been marred by a significant number of uncounted early votes. Opponents who desired a recount had been given very little time to make a decision. They chose to have around 25 percent of the precincts recounted.
The estimated cost of the recount may have been greatly inflated by county officials. Therefore, opponents chose a limited recount, which the West Virginia Council of Churches is funding. As I sat there witnessing about 15 precincts counted per hour, I realized that this recount would cost much less than the estimated $15,000 and wondered if the opponents regretted not calling for a full recount.
"No" votes were added when another sealed envelope of 14 uncounted early ballots was discovered from one of the precincts. At 9:19 a.m. the election results were certified by the Kanawha County Commission. The recounted precincts did not change the outcome of the election. Would an entire recount change the results?
Who knows, but there have been calls for legislation to allow a recount trigger in close elections.
There is a more glaring issue revealed by this referendum in Kanawha County. There are no limits to the amount of money an individual, corporation, union or organization can contribute to influence the outcome of a referendum. No campaign finance reporting to the secretary of state is required. Campaign fliers and ads do not need to disclose who paid for them.
Referendum elections are a campaign finance free-for-all.
Opponents estimate that the Michigan-owned race track and its allies spent $1 million to $3 million to persuade Kanawha residents to vote "yes" for table games. Opponents theoretically could have spent more on the recount than they spent opposing the measure.
The county had been flooded with gambling money. The question was not "if?" a voter received a flier in the mail, the question was "how many?" Billboards across Kanawha County had flashed out "Vote Yes for Seniors" or "Vote Yes for Jobs" but never mentioned gambling. Radio and TV ads blared into people's homes and cars.
There is no accounting for the money spent. This situation, which Monongalia County "user fee" proponents or opponents should note, arose at the beginning of this century when the state Legislature passed laws to conform to a series of U.S. Supreme Court decisions.
To win a referendum, one can spend money and not be held accountable for what they are saying. What a cop out for legislators who said they do not support legalizing casino gambling, but wanted the voters to decide. On this issue, it was not even constitutional for counties to hold a referendum; the law should have required a constitutional amendment election.
A candidate is at a disadvantage when they follow the rules and their opponent does not. I am still upset that a union's political action committee has not disclosed that it attacked me in the 2006 election.
I cringed as the gambling industry attacked me using the phony name "West Virginians for a Brighter Tomorrow." Laws were broken and abused. There are no such laws for issue referendums. Let the voter beware!
CINDY FRICH is a former, two-term, Republican member of the state's House of Delegates. She can be reached via email at opinion@dominionpost.com.