a tie vote, an indication of voter fraud, voting machine malfunctions or tabulation problems, and for "any other instance the court or body with jurisdiction of a contested election finds that a recount is warranted." Venable reportedly had sought a recount because "about seven-tenths of one percent" of the primary votes determined the outcome of the election and because long lines at polling places in Sullivan County had reportedly discouraged voters. The Tennessee Republican Party Primary Board decided not to have a recount, giving the nomination to Davis. In the November general election, Davis defeated his Democratic opponent, Morristown City Councilman Rick Trent of with 61% of the vote. It was generally believed, however, that Davis had assured himself of a seat in Congress with his primary victory. The 1st is one of the most Republican districts in the nation; Republicans have held it continuously since 1881 and for all but four years since 1859. 2008 In the First Congressional District Republican primary held on August 7, 2008, Davis lost by 500 votes, or less than one percent, to Johnson City Mayor Phil Roe. During the campaign, Roe attacked Davis as an ineffective politician who had sold out to special interests and accepted contributions from oil companies during a summer of record gasoline prices. It was the first time since 1966 that an incumbent Tennessee congressman had lost a primary. It was also the first time since 1950 that an incumbent congressman lost a primary in the 1st District. Davis claimed Democratic voters, knowing they had no realistic chance of defeating him in November, contributed to his primary loss by crossing over to vote for Roe in the Republican primary. He believed he was the winner among voters who identify as Republicans. Tennessee has an open primary system. Tenure While Davis filed two bills within the U.S. House of Representatives as the original sponsor (one Davis bill was to create a federal "American Eagle Day"), he signed on as cosponsor to other pending legislation including H.R.621, a House resolution that sought to "...amend part B of title XVIII of the Social Security Act to restore the Medicare treatment of ownership of oxygen equipment to that in effect before enactment of the Deficit Reduction Act of 2005." In 2007, Davis also cosponsored H.R.1398 to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 by providing that manure shall not