State Rep. Margaret Donnelly of Richmond Heights has announced that she will formally request a statewide recount of the Aug. 5 primary election to become the Democratic attorney general nominee. Tabulations show that Donnelly lost to state Sen. Chris Koster by a margin of 0.2 percent, or 783 votes, according to the Missouri secretary of state's website.

“This is the closest statewide race in Missouri history,” according to Richard Rhyne who will lead the Donnelly effort. “One thing to keep in mind is that if there is a one-vote change between Margaret and Chris Koster in only 25 percent of the precincts, Margaret would win.”

Under Missouri law, anyone who loses an election by less than 1 percent may request a recount. Donnelly cannot file for the recount until the election's results have been certified by the secretary of state's office. Election Board officials have estimated that the certification will probably not be finished until the deadline, two weeks after the election or Aug. 19.

"Voting is the heart of the democratic process, and we are pursuing a recount as that is the fairest way possible to make sure the people's voice through the election is most accurately heard," Donnelly said in a press release. "I have received encouragement to pursue the recount from an overwhelming number of Democratic primary voters."

Meanwhile, Koster has been playing the role of Democratic victor. He spoke with Democrats at a "unity" rally last week, and his campaign is already planning a debate with state Sen. Michael Gibbons of Kirkwood, the Republican nominee for attorney general.

At this point, the recount process will be run by the courts. Lathrop & Gage L.C. will represent Donnelly in the recount. Specifically, Rhyne of Kansas City, who served as chair of the Donnelly for Attorney General Greater Kansas City-Area Steering Committee, will spearhead the effort.

After the election results came in, Donnelly’s campaign said it would announce its decision about pursuing a recount once the secretary of state certified the election results. “We are announcing this now in order to give as much lead time as possible so that there’s no confusion and everyone can move forward expeditiously,” Rhyne said.

Recounts are costly, and, historically, they rarely reverse election results. "Usually recounts don't make much of a difference," David Robertson, professor of political science at the University of Missouri-St. Louis and a KSDK-TV political analyst, told the Beacon after the primary. "Sometimes, though, I've seen a number of recounts that add to a winner's margin instead of cutting," he added.

In a memo Donnelly e-mailed to her supporters, she said that while the secretary of state's office sponsors the recount, legal fees will accrue. Recount specialist and previous counsel to the Bush-Cheney national campaign Thor Hearne estimated that a "well-fought" recount can cost a quarter of a million dollars.

In her memo, Donnelly asked for further contributions to support the recount. "I have been able to count on you throughout my entire election," Donnelly said. "Although I know this is an unexpected turn, I still need your help."

A spokesperson for the Koster campaign said that they are "following the process as it unfolds." At this point, Koster has not yet disclosed information about his legal representation.

Koster and Donnelly are both entitled to having neutral observers at the recount. Because of the ambiguity of voter intent on some OptiScan ballots, disputes can arise.

Rhyne said that he anticipates that the legal fees will not be “humongous.” As legal counsel, Rhyne will give advice regarding the interpretation of recount statutes. Specifically, he expects that most of his work will involve the interpretation of voter intent.

Rhyne said that while he cannot predict the outcome of the recount, its results would correct any errors that occurred on election night. Some voting machines closed early in Airport Township, and the results of about 500 ballots from St. Louis County came in late. “You have human error and machine error involved. Clearly there is possibility for a reversal, that’s why the statute provides for a recount when there’s a 1 percent difference,” Rhyne said. “We have no information of smoking guns but you never know.”

Donnelly’s campaign has been consulting with the secretary of state’s office since the election, and based on conversations, Rhyne said he expects the actual recount process to take between one and two weeks. Because of the recount for the 2006 state auditor’s race, Missouri’s precedents have already been set in the age of OptiScan ballots and voting machines.

Sometimes, recounts proceed to court in an election challenge. But Rhyne said that since standards had been set so recently, he doesn’t see the race escalating to that point.