Drama remains in District 16 recount in Santa Clara and San Mateo counties

The revelation has prompted criticism and concern from a variety of sources, including U.S. Rep Anna Eshoo, D-Palo Alto, whose seat the candidates are vying to fill. 

“Is it one generous donor? Are there several donors and if so, how much have they contributed? Are they special interests? And if so, what’s their financial interest in our congressional district?” Eshoo said in a statement asking donor sources be revealed. 

The request was originally filed on behalf of Low, who has said repeatedly that he has nothing to do with the recount and rejected it altogether. 

“Those who are funding the recount initially said they were requesting it on behalf of a candidate they never spoke to, and that candidate has publicly renounced the effort. Clearly, we need to know what’s going on,” Eshoo’s statement continued. 

The recount took place after an unprecedented tie between Low and Simitian, with Liccardo in first place. California law states the top-two finishers in the primary for state and federal offices head to the November general election. However, a tie means all three were set to race for the general election.

A complaint has also been filed with the Federal Election Commission against Liccardo for allegedly “engaging in a scheme to circumvent campaign contribution limits and illegally coordinate with a newly formed dark money Super PAC.” 

Liccardo has denied any association with the individuals involved in a recount and his campaign consultant Orrin Evans said he is supportive of the recount effort. 

“Sam Liccardo believes that every legal ballot should be counted. Full stop,” he said. 

But the complaint, filed by Max Zarzana, president of the Santa Clara County Government Attorneys Association, accuses Liccardo of conspiring with Padilla and other individuals previously close to his campaign to illegally pay for the recount. The complaint has not been heard by the FEC. 

Low’s campaign maintained a similar sentiment. 

“Sam and his dark money Super PAC appear to be breaking the law,” Campaign spokesperson Clay Volino said. “This FEC complaint lays out a simple fact: Liccardo’s campaign seems to have violated election law by coordinating with a Super PAC run by his former staffer and lackey Jonathan Padilla.” 

The recount has already faced other legal challenges, including Low’s lawyers maintaining that requesters should not receive money back even if the candidate they declared for moved forward — a previously stipulated aspect of elections code.

In Santa Clara County, elections workers had gone through around 130 of 199 precincts for first review, Steve Goltiao, associate communications officer for the Santa Clara County Registrar of Voters. 

Some previously uncounted provisional voter registration ballots had been challenged as valid by observers and were being re-reviewed with county counsel, Goltiao said. 

“They still have to go through review before they can be accepted as valid,” he said.