Rock Island County Clerk Richard Leibovitz filed his court report today for the Rock Island mayoral recount.

The report includes a breakdown of the votes from each precinct, along with totals and photocopies of 27 ballots that came into question, Leibovitz said. The hand recount was completed June 19 and finalized Monday.

Dennis Pauley, who was seated as mayor in May, won the April 7 election over David Levin by a count of 3,066 to 3,053, a 13-vote margin. Levin then sought a recount, which was granted by Circuit Judge Mark VandeWiele earlier this month.

According to the recount totals, Levin had 2,748 votes and Pauley 2,801 votes once the Touchscreen ballots and those that came into question were taken out.

The judge will review the report and rule on which of the questioned votes should count. A status hearing in the case is set for Monday. Leibovitz said he will explain his findings to the court.

During the recount, Leibovitz questioned whether the Touchscreen ballots should count since they lack an election judge's initials. He was trying to make a point after he stopped the recount for two days because the attorneys in the case agreed that those optical scan ballots without an election judge's initials should not count under state law.

Leibovitz said he thought it wasn't right for votes not to count simply because of a clerical error by the election judges.

Levin and his attorney, Tom Benson, have since claimed that Levin won the election by one vote after tallying the challenged votes. They said Pauley lost the 14 votes necessary to change the outcome of the race.

They said there was a difference of 10 uninitialed ballots between the two candidates along with two over votes that Levin claims should have counted in his favor and another ballot, which was in Pauley's favor and was mistakenly counted by the machine three times.

Pauley said Thursday that he's not sure what to expect next.

"He's turned everything in now," he said of Leibovitz. "I really don't know how all of this shakes out now. We have to find out what the judge accepts and doesn't and go from there."

Levin contends that the Touchscreen ballots should still count and is confident he has won the election.

"The Touchscreen ballots are valid," he said. "They had an electronic signature. They are legitimate. I feel (the judge will) go back to the law. It says what should happen and what shouldn't happen."

According to Leibovitz's report, there were four uninitialed optical scan ballots in Levin's favor and 13 in favor of Pauley. There were also seven optical scan ballots that mistakenly contained numbers instead of initials. Four of those were in Pauley's favor and three in Levin's favor.

On the Touchscreen ballots, there were 246 votes for Pauley and 298 for Levin.

There were also 150 ballots with no vote in the mayor's race, two over votes and 171 votes for David Kimball, who dropped out of the race before the election. Among the votes for Kimball, there was also one ballot without an election judge's initials and 19 Touchscreen ballots.

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