Thanks, Eugene.

BREAKING: @VAHouseDems ask recount judges to reconsider accepting ballot that created 94th District tie, ask State Board of Elections to delay drawing to pick winner

Link to tweet

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?utm_term=.60ae6ecad226


per the article:

Kenneth Mallory, a paid election official chosen by the Yancey team, had spotted the ballot about halfway through the Tuesday recount. He said he thought the ballot clearly looked like a vote for Yancey, but the other official he was working with — selected by Democrats — disagreed.

“I felt hurried to move on and proceed. I was new to this process, and I was caught up by his argument,” Mallory wrote in a letter to the judges outlining his concerns.

The ballot was tossed aside as invalid, the precinct was wrapped up and the recount moved on. At the end of the day, Republican and Democratic officials alike stated that they were satisfied with the process and outcome.


After talking to Mallory that's when the challenge was filed.

Last edited Tue Dec 26, 2017, 10:19 PM - Edit history (1)

have the power to change a ballot challenged at the last minute AND without notice AND without legal submissions?

over step there power?

the Dems fight back!

Can you find an example on YouTube, maybe?

Thanks.

H. The recount proceeding shall be final and not subject to appeal.

https://law.justia.com/codes/virginia/2006/toc2402000/24.2-802.html

"H. The recount proceeding shall be final and not subject to appeal."

The court was supposed to certify the recount but did not until after the full procedure for the recount had been done and no further objections. Then at the last minute came a challenge to one ballot. Should be too late, the challengers had a fair hearing.

"At the conclusion of the recount of all precincts, after allowing the parties to inspect the questioned ballots, and after hearing arguments, the court shall rule on the validity of all questioned ballots and votes. After determining all matters pertaining to the recount and redetermination of thevote as raised by the parties, the court shall certify to the State Board andthe electoral board or boards (a) the vote for each party to the recount anddeclare the person who received the higher number of votes to be nominated orelected, as appropriate, or (b) the votes for and against the question and declare the outcome of the referendum."

I hate the result, but the fact is that the challenge was raised and arguments were heard. I'm not sure it was procedurally defective.
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?utm_term=.ce19ddfddf78

This is the ballot that is at the heart of the issue
https://wtop.com/virginia/2017/12/gop-questions-ballot-in-1-vote-margin-va-recount/
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?utm_term=.60ae6ecad226

Obviously a vote for both.

Give each candidate a half-a-vote.

I don't see how they give that to the republican.

Their argument might hold water - that the line through the Democratic vote was a cancellation - if the voter hadn't crossed out the Governor vote they claim is their proof of intent to vote republican.

The voter draws lines through the vote they intend to register. Or not.

Every other race where an R was a choice, that voter picked R. That said, the voter screwed up the ballot for that race and the ballot should not have counted at all for the Assembly seat. The judges appear to have attempted to read minds.

This is hardly an overwhelming preponderance of evidence that they wanted to choose only R.

The fact that they also crossed out the R vote for governor I think sinks that ballot as an over vote

I think they erred by attempting to read minds, rather than say "We'll just have to discount that race on this ballot, because there is no certainty as to whom the vote was intended."

When he got to the place to make his choice of delegate, he goofed.

That said, he should have asked for a new ballot at the time. Had he done so, he would have saved election officials a lot of trouble.

But, since the voter didn't, the judges should have simply said that for this ballot, there is no vote for that office.

Googling....

Right. Here's the actual ballot:

BREAKING: We obtained the actual ballot submitted to the court.
Dissect away.

Link to tweet

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.