Judge who tossed out Virginia delegate candidates one-vote win was supported by her GOP opponent:
Source: raw story
22 Dec 2017 at 17:25 ET
VA Del. David Yancey (R, left) and his Democratic challenger Shelly Simonds (right). Images via Yancey and Simonds' campaigns.
The judge who threw out Virginia House of Delegates candidate Shelly Simonds one-vote win and ruled a questionable ballot applicable as a vote for her opponent reportedly has a conflict of interest.
As Newport News Daily Press reported Friday, Circuit Court Judge Bryant L. Sugg, a member of the three-judge panel who ruled against Simonds win, had support from her opponent, GOP incumbent David Yancey. The incumbent was one of the lawmakers who helped Sugg become the chief judge in the Newport News Circuit Court in 2015 and was virtually guaranteed a win because he was the only person interviewed for the job.
Bryant was a great candidate, Yancey said in a Daily Press interview in 2014. He served on the JIRC (Judicial Inquiry and Review Commission). His dad was a judge, so he had that experience growing up, which I feel gives him a unique perspective. We just felt hes done a very good job as a judge and that he was a good person to move up
to Circuit.
Del. Yancey met with a other members of their regional House delegation and passed the information along to the General Assembly, who voted Sugg in.
On Wednesday, just a day after Simonds was thrust into the national spotlight for winning her recount against Yancey by a single vote, a three-judge panel that Sugg sat on found that the two were tied after the incumbent brought a questionable ballot before them that had votes filled in for both candidates.
Read more: https://www.rawstory.com/2017/12/judge-who-tossed-out-virginia-delegate-candidates-one-vote-win-was-supported-by-her-gop-opponent-report/#.Wj280ndCPgI.twitter
Total headline, which would not fit into box:
Judge who tossed out Virginia delegate candidates one-vote win was supported by her GOP opponent: report
Link to tweet
Did recount judge have a conflict of interest?
http://www.dailypress.com/news/newport-news/dp-nws-newport-news-sugg-recusal-20171221-story.html
Three years before Circuit Court Judge Bryant L. Sugg would be one of three people deciding the winner of the 94th District House of Delegates race, he was a judge in General District court a lower court that deals with misdemeanors and traffic tickets.
At the time, he was virtually a lock to fill an open spot as a judge of Newport News Circuit Court. No one but Sugg was selected to be interviewed for the spot, and Del. David Yancey was one of the lawmakers who helped get him there.
"Bryant was a great candidate," Yancey told the Daily Press in September 2014. "He served on the JIRC (Judicial Inquiry and Review Commission). His dad was a judge, so he had that experience growing up, which I feel gives him a unique perspective. We just felt he's done a very good job as a judge and that he was a good person to move up ... to Circuit."
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I think that its one thing to say that, of course, the General Assembly is always selecting the judges, said John McGlennon, a professor of government and public policy at the College of William and Mary and a James City County supervisor who runs as a Democrat. But when its a judge for that locality, that does create, again, a potential for an appearance of conflict because legislators have such a direct role in serving their communities.
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Simonds lawyers argued that the process for contested ballots wasnt being followed. Yanceys lawyers said every vote should be counted. The judges decided to view it, and after several hours of deliberation, ruled it a vote for Yancey.
Just before the hearing ended, Simonds lawyer said there was a ballot in the Denbigh precinct that they had issues with. The judges said it was too late to review that ballot.
If Judge Sugg felt like he had a conflict of interest, the Commonwealth of Virginia basically puts a burden on him to recuse himself, Kidd said. If he doesnt, it means he doesnt think he does and can render some impartial opinion.
It looks bad, the appearances are bad, but this is the way Virginias ethics laws work thats how lax the rules are, Kidd said.
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BigmanPigman
(51,621 posts)world wide wally
(21,751 posts)dalton99a
(81,565 posts)bluestarone
(17,012 posts)every fucking corner we turn there's a fucking lying cheating fucker
MichMan
(11,958 posts)If the intent of the voter seems clear. Surprised to see so many here mad because the judge allowed a vote to be counted instead of throwing it out. I thought we believed in people's votes being counted; I guess I was wrong
Hugin
(33,177 posts)responsibility and obligation to report it and request a new ballot. I have seen this done many times at the polls.
If this was done and recorded, the vote would not count. It's a way of slipping fraudulent votes into the stack.
Response to MichMan (Reply #5)
Freelancer This message was self-deleted by its author.
nm
Roland99
(53,342 posts)MichMan
(11,958 posts)I am convinced that if this was the other way around, that people would be livid that the vote should be counted.
Amazed that it came down to a tie, but to see these comments how the voter should be disenfranchised because they didn't request a new ballot etc surprises me. I would be in favor of giving the voter the benefit of the doubt if possible if their intent was clear, but it appears that others disagree and want the vote thrown out.
Why have recounts at all; if the machine can't read it, too bad for the voter. They should have filled it out correctly
Don't color in the circle fully; vote shouldn't count
Didn't mark dark enough for the scanner to read, vote shouldn't count
Dont use a black pen, vote shouldn't count
Mark an "X" instead of filling in the circle, vote shouldn't count
Circle the candidate instead of filling in the circle, vote shouldn't count
bitterross
(4,066 posts)One of the reasons we keep losing is we abide by the rules. We don't bend them to favor our candidates and we recuse ourselves when we have a conflict of interest.
These are things that the GOP does not do and with impunity.
Cosmocat
(14,567 posts)I work a poll in another state, the law is clear, if a race is overvoted, as was the case for this race, on this ballot, neither vote counts, for this very reason, you cant have potentially partisan officials picking and choosing after the fact.
Upward
(115 posts)Baitball Blogger
(46,753 posts)Hard right-wing county with hard-right lawyers, judges and election panel. Gore never had a chance here.
MichMan
(11,958 posts)Sounds like you agree that none of the Florida 2000 votes that had hanging chads, or pregnant chads should have been counted either because it was up to the voter to make sure they were punched correctly.
In 2000, Dems were arguing that the intent of the voter was important and they should be counted; now it looks like we are saying it is up to the voter to fill out the ballot correctly or it must be thrown out.
bluestarone
(17,012 posts)oranges to apples
Baitball Blogger
(46,753 posts)access to their back room office and allowed them to fix absentee ballots that would have been discounted due to a technicality.
That became the source of a lawsuit, which we lost. The votes were tallied. We could have won, if not for that ruling.
7962
(11,841 posts)Since this seems to be the latest news onthtis race
onetexan
(13,054 posts)previous recount where Simonds won by 1 vote.
Cosmocat
(14,567 posts)nm