DANVILLE — A judge on Thursday denied a petition for a recount of all ballots cast in the Vermilion County clerk's race in last November's general election.

Dennis Miller, the Republican candidate who lost to Democratic incumbent Lynn Foster by one vote, filed the petition in December, saying a full recount was warranted because a discovery recount highlighted what he claimed were mistakes made during the election.

But at the conclusion of a 1- 1/2-day hearing on the matter, Clark County Circuit Judge Tracy Resch said Miller and his attorney, Robert Day of Peoria, failed to prove "a reasonable likelihood" that a full recount would change the contest's outcome.

Later, Miller said he was disappointed by the decision and didn't know yet whether he will appeal it. But "all in all, I think the judge did a fair job," he said. "It's hard to argue with his reasoning. I believe it's fair. I believe it's accurate. It's unfortunate we weren't granted a recount."

The official canvass showed Foster received 11,182 votes to Miller's 11,181. Soon after, Miller requested a discovery recount to review ballots and other election documents in 15 percent of the total voting precincts. After both candidates and their attorneys inspected that material in eight Danville city precincts and six county precincts, he filed his petition.

It alleged, among other things, that three ballots for Foster weren't initialed by election judges and should not have been counted, and that 10 ballots for Miller, which were placed in envelopes designated for spoiled ballots and not counted, should have been counted because a judge didn't write the word "spoiled" directly on them.

It also alleged that in Danville Precinct 6, the number of ballots cast exceeded the number of voter applications by one. Day argued that under election laws, if the numbers didn't match, the judges should have randomly pulled one ballot from the ballot box and not counted the vote.

Resch agreed. To remedy the error, he ordered Barbara Dreher, the Danville Election Commission's executive director, to place all of the Precinct 6 ballots into a ballot box, a bailiff to mix them up, and a deputy circuit clerk to randomly draw one ballot from the box. The vote, for Miller, was deducted from the vote total.

In explaining his decision to deny the recount, Resch said the evidence presented by Day and Foster's attorney, Jack Martin of Danville, show the ballots were properly preserved, even though seals on bags containing materials for four Danville city precincts were removed to retrieve items that shouldn't be there. And when all valid and invalid ballots were factored appropriately, Foster still had more votes.

The judge pointed out that Foster picked up two additional votes during the re-tabulation of two precincts during the discovery recount. While he agreed that two of her ballots cast on Election Day that weren't initialed by judges shouldn't be counted, he said there was "clear and convincing" evidence that the third was an absentee ballot, which didn't need a judge's initials and, therefore, should be counted.

Resch also pointed out that Miller lost a vote when the ballot that the clerk drew from the Precinct 6 box was discarded. The judge also said there wasn't any evidence of "shenanigans or fraud" in connection with the spoiled ballots or ballots marked with check marks or "Xs" and others with distinguishing marks that Day tried to disqualify.

After the hearing, Miller thanked everyone who voted and followed the case. "These situations are very important," he said, adding the experience hasn't soured him on the election or legal process or discouraged him from running for public office in the future. "I've studied the election process. I believe America has the best election process and court system in the world."

While Foster said she wishes the recount process wasn't so drawn out and expensive, she's glad it exists. "I am so proud of this exercise of the law," she said, adding it should assure voters that the election process is fair. "I don't know Judge Resch. I thought he was deliberate, very thoughtful and very thorough, and that the two parties brought good arguments to the table."