Brown Seeks Recount After Narrow Loss : Politics: Former assemblyman challenges county registrar’s decision to invalidate absentee ballots following defeat in GOP primary by 105 votes.

Former Assemblyman Dennis Brown, who earlier this month lost a hotly contested Republican congressional primary by a scant 105 votes, hasn’t given up the fight.

Brown last week asked for a recount and hired an attorney to challenge the Los Angeles County registrar’s decision to invalidate several thousand absentee ballots.

According to registrar spokeswoman Grace Romero, 13,000 absentee ballots cast in races countywide were not counted because they did not meet Election Code requirements. For example, ballots that came in after the polls closed June 2 or that were not signed are automatically voided, she said.

Phillip Greer, Brown’s attorney, wants to know how many of those 13,000 were cast in the 38th District race. Once that is determined, he will ask why they were invalidated. Then, Greer said, “we will most likely contest the election.”

“We are not trying to steal a race here,” Brown said Thursday. “To be honest, the chances of turning this race around are extremely remote. But we just want to keep our options open and make sure that the ballots were counted correctly.”

Romero said that all 49,997 ballots cast in the Republican primary will be recounted at a cost of about $645 per day. Brown must pay for the recount, she said.

Steven Horn, the Cal State Long Beach professor who won the primary, said Thursday that Brown has the right to ask for a recount, but he questioned Brown’s attempt to legally challenge the results.

“The law is very clear on this,” Horn said. “If the ballots didn’t come in on time, they can’t be counted. He would have to find a . . . judge who would rewrite the law from the bench.”

However, Brown said that he believes there have been cases in the past, particularly in a close race, when a judge has ordered the ballots to be counted. His attorney declined to comment on such legal precedents, saying that he didn’t discuss legal strategy.

The Horn-Brown contest for the 38th District was one of the most closely watched Republican primaries in the state. The Republican Party has long coveted the seat, and party officials believe redistricting has put it within reach. The newly drawn district takes in much of the old 32nd District represented by Rep. Glenn M. Anderson (D-San Pedro), who is retiring. It includes most of Long Beach, Downey and part of Lakewood. According to the registrar, 48% of the voters are Democrat and 41% are Republican. The conservative Brown was the odds-on favorite over Horn, who is more moderate and is an abortion-rights advocate.

But when the polls closed June 2 and semiofficial results were announced, Horn had edged out the former assemblyman by 405 votes. Brown quickly conceded the race, but, in an unusual twist, Horn refused to declare victory until the official vote total was declared.

During the next few weeks, as the registrar’s office released updated tallies, Brown gained ground. When the county clerk declared the results official Tuesday, Brown had closed the gap to 105 votes.