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former9thward

(32,068 posts)
Wed Dec 20, 2017, 03:48 PM Dec 2017

Court tosses out one-vote victory in recount in Virginia

Source: Washington Post

Court tosses out one-vote victory in recount that had briefly ended a Republican majority in Virginia

A three- judge panel declined to certify the recount of a key House race today, saying that a questionable ballot should be counted in favor of the Republican and tying a race that Democrats had thought they had won by a single vote. “The court declares there is no winner in this election,” said Circuit Court Judge Bryant L. Sugg, after the judges deliberated for more than two hours.

The court’s decision leaves the race for the 94th District tied at 11,608 votes for each Del. David Yancey, the Republican incumbent, and Shelly Simonds, his Democratic challenger. And it leaves the balance of power in the state legislature at 49-51, in favor of Republicans - at least for now.

In the case of a tie in a House race, state law says the winner is chosen by lot – essentially, a coin toss, according to Virginia state law.

Read more: https://www.washingtonpost.com/local/virginia-politics/court-tosses-out-one-vote-victory-in-recount-that-had-briefly-ended-a-republican-majority-in-virginia/2017/12/20/ed979a70-e5b9-11e7-a65d-1ac0fd7f097e_story.html?pushid=5a3abd71873fb41d0000000d&tidr=notifi_push_breaking-news&utm_term=.b5aca0e83490

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Court tosses out one-vote victory in recount in Virginia (Original Post) former9thward Dec 2017 OP
WTF??? Bleacher Creature Dec 2017 #1
Actually seeing the opposite here lame54 Dec 2017 #46
Total bummer. Well, at least there's the coin toss. nt Honeycombe8 Dec 2017 #2
Check both sides of the coin! former9thward Dec 2017 #3
Good Warning! ProfessorGAC Dec 2017 #7
+++ Agree iluvtennis Dec 2017 #25
Heads I win GeorgeHayduke Dec 2017 #39
From the repub. john657 Dec 2017 #11
be sure to ck the coin bluestarone Dec 2017 #32
Jeez. GeorgeHayduke Dec 2017 #40
If you win, I get a recount FakeNoose Dec 2017 #66
So very true. N/T john657 Dec 2017 #74
Damn Right William Postsalot Dec 2017 #85
And the coin needs to be inspected very carefully jmowreader Dec 2017 #92
I think we do it by high card in AZ It happens. notdarkyet Dec 2017 #56
But is the ace or the king the high card? Wednesdays Dec 2017 #81
Not sure. notdarkyet Dec 2017 #83
Thats suck they should be down in front of the court raising holy hell.. Historic NY Dec 2017 #4
If the ballot is questionable, why is it counted in favor of the Republican? Maven Dec 2017 #5
It wasn't....it was disallowed. brooklynite Dec 2017 #8
Youre assuming that the questionable ballot is the one that resulted in the D win Maven Dec 2017 #16
I believe that's correct. It WAS a spoiled "double-vote" that should have been discarded... NurseJackie Dec 2017 #24
Correct. Ms. Toad Dec 2017 #42
Gellespie name was slso crossed out lame54 Dec 2017 #47
It sucks badly, but I agree, it should be counted as Republican. Amimnoch Dec 2017 #71
Ohhhh, it was originally discarded? I just reread the article hehe xor Dec 2017 #80
"It was originally discarded as a double-vote" - republican approved discard? keithbvadu2 Dec 2017 #82
Someone in the other thread posted a picture of what the ballot apparently looks like bearsfootball516 Dec 2017 #9
If that's the case, then it seems reasonable to not count it either way. xor Dec 2017 #18
Or who did the crossing out and coloring in of the other bubble? ... aggiesal Dec 2017 #23
bingo... defacto7 Dec 2017 #41
Exactly. It should be tossed out. xor Dec 2017 #79
Or it was done to cause this Fullduplexxx Dec 2017 #19
In my state, double-votes (on paper ballots) are flagged immediately... NurseJackie Dec 2017 #27
Since when do questionable ballots count? cstanleytech Dec 2017 #6
Twitter thread from Reema Amin: mahatmakanejeeves Dec 2017 #10
Are we sure that double vote wasnt already counted for Yancey rainy Dec 2017 #33
No. There was a double vote ballot that was previously thrown out. crazylikafox Dec 2017 #54
Thanks:) rainy Dec 2017 #57
WTF montanacowboy Dec 2017 #12
They have a million ways to take away our votes and it will never end. LenaBaby61 Dec 2017 #21
Lesson: Every vote doesn't count. Mrs. Overall Dec 2017 #13
Democrats just can't win. Laffy Kat Dec 2017 #14
Why is the ballot considered questionable? The article didn't go into details. xor Dec 2017 #15
as described, it showed marks for both the repub and the Democratic candidates onenote Dec 2017 #26
Here's the ballot image Ms. Toad Dec 2017 #43
awesome.. I like totally overlooked that when reading the article. xor Dec 2017 #78
This is total bullshit Bayard Dec 2017 #17
Do you think that the campaign that managed to come from 10 votes down before the recount onenote Dec 2017 #31
And of course, the coin toss will be a two-headed coin louis-t Dec 2017 #20
It feels like the 2000 US election and the BigmanPigman Dec 2017 #22
actually, it's the opposite onenote Dec 2017 #30
Thanks for the reasonable post on this issue ClarendonDem Dec 2017 #84
Why? Look at the ballot. Codeine Dec 2017 #87
What kind of coin? UpInArms Dec 2017 #28
A gerrymandered one nt spooky3 Dec 2017 #29
+1 harun Dec 2017 #91
can 3 judge panel decision bluestarone Dec 2017 #34
I don't trust a Republican to toss a coin in an honest way. Sophia4 Dec 2017 #35
me either unless bluestarone Dec 2017 #36
There are also three other House of Delegates results under recount. Orangeutan Dec 2017 #37
Don't forget the Dems won the raw vote in VA by 10% VMA131Marine Dec 2017 #38
Here's the actual ballot brooklynite Dec 2017 #44
The image is labeled "Sample Ballot" longship Dec 2017 #48
Right. Here's the actual ballot: mahatmakanejeeves Dec 2017 #50
Looks to me like a double vote for 94th district. longship Dec 2017 #55
In virginia a vote marked for two candidates is not discarded as an "overvote" onenote Dec 2017 #62
Except that he also apparently crossed out a vote for Gillespie. spooky3 Dec 2017 #61
I'm not sure how that's relevant since the governor's race wasn't being recounted onenote Dec 2017 #64
It is relevant if anyone is claiming that the voter spooky3 Dec 2017 #65
I don't think what his other votes were are relevant -- the only vote that is considered onenote Dec 2017 #67
Please look at the post to which I originally replied. spooky3 Dec 2017 #69
What kind of fucking bullshit is that?? Blue_Tires Dec 2017 #76
Bull shit turbinetree Dec 2017 #45
Did they count Gellespie's vote? - it was also crossed out lame54 Dec 2017 #49
the governor's election wasn't being recounted so it doesn't matter onenote Dec 2017 #60
This is the actual ballot in question riverwalker Dec 2017 #51
Here is Virginia law on ballot marking riverwalker Dec 2017 #52
I thought every vote counts Motley13 Dec 2017 #53
Post removed Post removed Dec 2017 #58
That's rather rude. He's posting an article. moriah Dec 2017 #70
Why am I not the least bit surprised.... Hulk Dec 2017 #59
Actual Ballot from Twitter bucolic_frolic Dec 2017 #63
I would have invalided the ballot as two places are marked. Stupid decision. riversedge Dec 2017 #68
That's not Virginia law. onenote Dec 2017 #72
Thanks. In WI (as far as I know), if we made an error, we ask for another ballot. riversedge Dec 2017 #73
I tend to think this voter did try to cross out the district vote DeminPennswoods Dec 2017 #75
I think the voter started by putting an X Codeine Dec 2017 #88
I can believe it DeminPennswoods Dec 2017 #90
Really surprised by some of the comments here MichMan Dec 2017 #77
It sucks, but the intent of the ballot is clear Codeine Dec 2017 #86
A Three Judge Panel? DoctorJoJo Dec 2017 #89
Message auto-removed Name removed Dec 2017 #93

FakeNoose

(32,726 posts)
66. If you win, I get a recount
Wed Dec 20, 2017, 06:45 PM
Dec 2017

If you win again, we throw everything out and flip a coin.
Either way I win. That's the Republican way of doing things.
They can't win unless they cheat.

jmowreader

(50,562 posts)
92. And the coin needs to be inspected very carefully
Mon Dec 25, 2017, 05:47 AM
Dec 2017

You KNOW they'd slip a two-headed coin in there if they thought they'd get away with it.

Historic NY

(37,452 posts)
4. Thats suck they should be down in front of the court raising holy hell..
Wed Dec 20, 2017, 03:51 PM
Dec 2017

how do you count a questionable ballot?

Maven

(10,533 posts)
5. If the ballot is questionable, why is it counted in favor of the Republican?
Wed Dec 20, 2017, 03:52 PM
Dec 2017

Let me guess - GOPig appointed judges?

brooklynite

(94,713 posts)
8. It wasn't....it was disallowed.
Wed Dec 20, 2017, 03:54 PM
Dec 2017

Hence the new tie that we have. If it was counted as Republican, the Republican would be ahead.

Maven

(10,533 posts)
16. Youre assuming that the questionable ballot is the one that resulted in the D win
Wed Dec 20, 2017, 03:59 PM
Dec 2017

The article says that a questionable ballot was counted for the R, not that it was thrown out. That would have to mean that a ballot that was thrown out in the recount as invalid was successfully contested by the GOPigs as a vote in their favor, resulting in a tie.

NurseJackie

(42,862 posts)
24. I believe that's correct. It WAS a spoiled "double-vote" that should have been discarded...
Wed Dec 20, 2017, 04:30 PM
Dec 2017

... but it's now being counted in favor of the Republican.

Ms. Toad

(34,086 posts)
42. Correct.
Wed Dec 20, 2017, 05:22 PM
Dec 2017

Here's the ballot in question:

https://www.washingtonpost.com/local/virginia-politics/court-tosses-out-one-vote-victory-in-recount-that-had-briefly-ended-a-republican-majority-in-virginia/2017/12/20/ed979a70-e5b9-11e7-a65d-1ac0fd7f097e_story.html?pushid=5a3abd71873fb41d0000000d&tidr=notifi_push_breaking-news&utm_term=.96ecc6cb12bb

It was originally discarded as a double-vote, giving the Democrats a 1 vote win. It is now being counted as a Republican vote (based on the line through the Democratic candidate's bubble & the solid Republican votes on the rest of the ballot). That makes it a tie.

 

Amimnoch

(4,558 posts)
71. It sucks badly, but I agree, it should be counted as Republican.
Wed Dec 20, 2017, 06:53 PM
Dec 2017

The dumbass was obviously voting all Republican. I don't support voter disenfranchisement, even if the voter is a moron.

Of course this begs the question on if there were any other ballots like that where the voter was obviously voting Democrat?

xor

(1,204 posts)
80. Ohhhh, it was originally discarded? I just reread the article hehe
Wed Dec 20, 2017, 07:44 PM
Dec 2017

I feel like I read a totally different article earlier today, because I had a completely different impression of what happened.

keithbvadu2

(36,886 posts)
82. "It was originally discarded as a double-vote" - republican approved discard?
Wed Dec 20, 2017, 08:12 PM
Dec 2017

Was it discarded under a decision earlier accepted by both parties?

Now they are contesting it?

bearsfootball516

(6,377 posts)
9. Someone in the other thread posted a picture of what the ballot apparently looks like
Wed Dec 20, 2017, 03:54 PM
Dec 2017

Both the circles for the Republican and Democrat are filled in, but the Democratic bubble has a slash through it, like they filled it in, realized they made a mistake and crossed it out.

xor

(1,204 posts)
18. If that's the case, then it seems reasonable to not count it either way.
Wed Dec 20, 2017, 04:01 PM
Dec 2017

Why wouldn't someone just request a new ballot if they screwed up? I suppose there could always be shenanigans taking place on either side, but how are judges supposed to know which was the actual intended vote from that specific ballot?

*do you have a link to this other thread?

aggiesal

(8,923 posts)
23. Or who did the crossing out and coloring in of the other bubble? ...
Wed Dec 20, 2017, 04:30 PM
Dec 2017

Who's to say this ballot wasn't flipped until after the polls closed?

The ballot should be thrown out.

NurseJackie

(42,862 posts)
27. In my state, double-votes (on paper ballots) are flagged immediately...
Wed Dec 20, 2017, 04:33 PM
Dec 2017

... upon inserting the ballot into the tallying/reading machine. The voter may then choose to receive a new ballot to try again, or the voter can refuse a new ballot and allow their spoiled (double-vote) ballot to be processed anyway. In the latter case, all votes EXCEPT the double-vote would still be counted.

mahatmakanejeeves

(57,586 posts)
10. Twitter thread from Reema Amin:
Wed Dec 20, 2017, 03:54 PM
Dec 2017
Ran outside real quick. A recount official appointed by Yancey’s side has submitted a letter to the court saying that a ballot that was thrown out yestersaynshould have been counted for Yancey.



BREAKING: After 94th District recount, judges rule it's a tie

December 20, 2017, 2:31 p.m.

BREAKING: Judges rule that the ballot was for Yancey, officially meaning there is a tie in the 94th District. Waiting on a statement from Yancey.

Previously:

Shelly Simonds’ one vote lead in the 94th House of Delegates district race was questioned in court this morning by an observer who signed off on Tuesday’s recount.

After a recess of several minutes, the three-judge panel reviewing the recount agreed to open the ballot box and look at the ballot. ... When the box was opened, GOP lawyers said they’d found the ballot at issue, paper-clipped with two other ballots on the top of the stack.

But Democratic lawyers say there there’s no way to be sure it is the right one. ... They argued that if a ballot is contested on recount day, it must be segregated and sealed off from others.
....

This story will be updated

Amin can be reached by phone at 757-247-4890 or on Twitter at @reemadamin.

If you’re just tuning in NOW: three judges considered one overvote issue presented this morning and decided it was for Yancey. He and Simonds are tied in the 94th District; tiebreakers happen by drawing lots. The balance of power in the House rests on drawing sticks.


rainy

(6,092 posts)
33. Are we sure that double vote wasnt already counted for Yancey
Wed Dec 20, 2017, 04:46 PM
Dec 2017

and that a good ballot was the one that Dems won on?

crazylikafox

(2,761 posts)
54. No. There was a double vote ballot that was previously thrown out.
Wed Dec 20, 2017, 06:05 PM
Dec 2017

After the election was given to the Democrat by one vote, the Repubs went back & got the previously tossed double ballot & got it counted as a Republican vote. That caused the tie.

xor

(1,204 posts)
15. Why is the ballot considered questionable? The article didn't go into details.
Wed Dec 20, 2017, 03:58 PM
Dec 2017

I suuuuuuuuuuuuuupose I'll go try to do some research on this. *sigh*

onenote

(42,748 posts)
26. as described, it showed marks for both the repub and the Democratic candidates
Wed Dec 20, 2017, 04:33 PM
Dec 2017

with a slash mark through the mark for the Democratic candidate.

Under Virginia law, the role of the recount court is to attempt to determine the intent of the voter in situations such as this. There are detailed examples given to the court as guidance. One of the situations described is where two names are marked but there is an additional mark on one of the names that reflects an intent for that mark not to count.

It appears that the court relied on that guidance in reviewing this ballot.

xor

(1,204 posts)
78. awesome.. I like totally overlooked that when reading the article.
Wed Dec 20, 2017, 07:37 PM
Dec 2017

I literally cannot "internet" correctly anymore.

Bayard

(22,128 posts)
17. This is total bullshit
Wed Dec 20, 2017, 04:00 PM
Dec 2017

I'm sure there's more than one "questionable" ballot.

So what happens now? A freakin' coin toss? How scientific of them. Can't they do another recount?

onenote

(42,748 posts)
31. Do you think that the campaign that managed to come from 10 votes down before the recount
Wed Dec 20, 2017, 04:43 PM
Dec 2017

to a tie simply ignored other questionable ballots?

onenote

(42,748 posts)
30. actually, it's the opposite
Wed Dec 20, 2017, 04:42 PM
Dec 2017

In Florida, the problem was that the recount did not consider clear evidence of the voter's intent. Thus, for example, a ballot that punched Al Gore's name and also wrote in his name was treated as an over-vote and rejected.

In this instance, the court is attempting to ascertain the voter's intent. I'm pretty sure if the tables were turned and the vote with the slash mark was for the repub, we'd be screaming for it to be counted for the Democrat.

It sucks, but it's not totally outrageous based on what I've read so far.

Let's hope the Democrat wins the coin toss.

 

ClarendonDem

(720 posts)
84. Thanks for the reasonable post on this issue
Wed Dec 20, 2017, 08:44 PM
Dec 2017

As a Virginia resident, was super-excited that we might have split control of the house (and we still might based on a coin toss). I'm more irritated that a Republican rep initially agreed that this ballot was tainted, then changed his/her mind when the Republican lost by 1 vote.

 

Codeine

(25,586 posts)
87. Why? Look at the ballot.
Wed Dec 20, 2017, 11:26 PM
Dec 2017

I think the intent of the voter is pretty clear. Stupid, but clear. I actually like that the law in that state requires that an effort be made to determine the intent rather than tossing the vote out.

I'm not certain what your anger is about.

VMA131Marine

(4,146 posts)
38. Don't forget the Dems won the raw vote in VA by 10%
Wed Dec 20, 2017, 05:12 PM
Dec 2017

and that STILL isn't enough to get a majority in the VA House

mahatmakanejeeves

(57,586 posts)
50. Right. Here's the actual ballot:
Wed Dec 20, 2017, 05:48 PM
Dec 2017
BREAKING: We obtained the actual ballot submitted to the court.
Dissect away.



The voter should have asked for a replacement ballot at the time. It looks to me as if he meant to vote straight (R) party line. If he had turned in an unspoiled ballot, he would have saved people a lot of time.

longship

(40,416 posts)
55. Looks to me like a double vote for 94th district.
Wed Dec 20, 2017, 06:05 PM
Dec 2017

That should be a "no vote". Anything other is just making shit up.

onenote

(42,748 posts)
62. In virginia a vote marked for two candidates is not discarded as an "overvote"
Wed Dec 20, 2017, 06:39 PM
Dec 2017

if there are additional markings on the ballot that indicate which candidate was the intended recipient of the voter's ballot. The additional marking can be something like a circle around the one the voter wanted to elect, or a mark through the one that the voter did not intend to elect.

I don't like the result, but I don't think its wrong under Virginia law. And I'm pretty sure we'd be taking the opposite position if the shoe was on the other foot and the strike through was on the republican's name.

One of the things that pissed me off about the Gore-Bush election is that ballots that were punched for Gore and also had his name written in were treated as overvotes and discarded, even though the evidence was that the voter intended to vote for Gore. I prefer systems that try, at least in some instances, to ascertain the voter's intent over systems that are quick to discard votes.

onenote

(42,748 posts)
64. I'm not sure how that's relevant since the governor's race wasn't being recounted
Wed Dec 20, 2017, 06:40 PM
Dec 2017

The only part of the ballot reviewed was for the delegate seat.

spooky3

(34,467 posts)
65. It is relevant if anyone is claiming that the voter
Wed Dec 20, 2017, 06:43 PM
Dec 2017

intended to vote straight Republican and on that basis, the otherwise double voting in the district election can be considered a vote for the Republican. It is NOT unambiguous that that was the voter’s intent. Several have made that claim on this thread.

onenote

(42,748 posts)
67. I don't think what his other votes were are relevant -- the only vote that is considered
Wed Dec 20, 2017, 06:47 PM
Dec 2017

is the one being reviewed.

And if the other votes were considered, the better argument probably would be that the voter did not cast a single other vote for a Democrat and most likely didn't want to vote for anyone for Governor but otherwise wanted to vote for republicans.

Motley13

(3,867 posts)
53. I thought every vote counts
Wed Dec 20, 2017, 05:54 PM
Dec 2017

of course, you can get more votes & still lose
Hillary 3 mil
Gore 500 in FL & lost the state & therefore the election


Response to former9thward (Original post)

moriah

(8,311 posts)
70. That's rather rude. He's posting an article.
Wed Dec 20, 2017, 06:52 PM
Dec 2017

Do you have an issue with the OP you need to go mediate somewhere?

 

Hulk

(6,699 posts)
59. Why am I not the least bit surprised....
Wed Dec 20, 2017, 06:26 PM
Dec 2017

Our government is fixed. It's all for the fat cats and the corrupt. I'm thoroughly disgusted with it all. And Franken tosses in the towel. Right. WTG. I can't even turn on the TV anymore....I'm so fucking disgusted with all the news. Glad my days are coming to an end. A shame they won. Bled and died for nothing.

Wake me when there is some good news for the future of this banana republic.

onenote

(42,748 posts)
72. That's not Virginia law.
Wed Dec 20, 2017, 06:55 PM
Dec 2017

Virginia law doesn't treat a vote as an overvote (and thus reject it) simply because the voter has marked the ballot for more than one candidate. If there are additional markings on the ballot that indicate that the voter intended to vote for a particular candidate (for example by circling one of the marks or striking through one of the marks) it is considered a good ballot.

I don't like the result, but it seems consistent with Virginia election recount procedure.

DeminPennswoods

(15,290 posts)
75. I tend to think this voter did try to cross out the district vote
Wed Dec 20, 2017, 07:05 PM
Dec 2017

but because the voter crossed out Gillespie's name, the claim that the other R votes substantiate the voter intent to vote straight R isn't certain. I guess I'd be asking if the vote was counted by the optical scanner for Gillespie since no other bubble was filled in. It's kind of odd for a voter to not vote the very top of the ballot, yet vote for every other race. If the voter didn't like Gillespie, I'd figure there'd be a write in vote, not a blank. And why not put an "x" as the voter did for Gillespie's name instead of just a little slash?

 

Codeine

(25,586 posts)
88. I think the voter started by putting an X
Wed Dec 20, 2017, 11:29 PM
Dec 2017

in the bubble then realized it requires a filled-in bubble. A lot of people try to put Xes in Scantron fields.

DeminPennswoods

(15,290 posts)
90. I can believe it
Thu Dec 21, 2017, 08:16 AM
Dec 2017

Years ago when forms were only partly automated, a co-worker quipped to me it was amazing how creative people were (filling in a few standard spaces on a form) when you don't want them to be.

MichMan

(11,960 posts)
77. Really surprised by some of the comments here
Wed Dec 20, 2017, 07:16 PM
Dec 2017

Really surprised by some if the comments that because the voter made an error that the vote should be invalidated. Is that really how we think elections should be handled?

 

Codeine

(25,586 posts)
86. It sucks, but the intent of the ballot is clear
Wed Dec 20, 2017, 11:23 PM
Dec 2017

and that's what is considered in their state, rather than simply tossing the ballot. I'm okay with the decision.

Response to former9thward (Original post)

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