Judges deny Dem. motion to reconsider tied Va. House race

WTOP News [Washington DC] ^ | January 3, 2018 12:39 pm | Max Smith | @amaxsmith

[COBOL2Java]

The disputed ballot that ended the race in a tie. Democrat Shelly Simonds had asked the court to reverse course and declare her the winner. (Ballot in court documents)

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WASHINGTON — A recount court has denied Democrat Shelly Simonds’ request to reconsider its finding that Virginia’s 94th District House race ended in a tie at 11,608 votes.

The ruling, issued Wednesday, means the random drawing scheduled to decide the outcome of the recount between Simonds and Republican Del. David Yancey is set to move forward as planned Thursday morning barring any snow-related delays. (The Department of Elections said no schedule changes had been made yet.)

Simonds had asked the court to review its decision to accept a later-than-usual challenge to a key ballot from a GOP recount official and count the ballot for Yancey to create a tie. The court found that its initial decision, a day after Simonds thought she had won election by a single vote, was correct.

“The right of a citizen to cast a free vote has been secured to us by the blood of patriots shed from Lexington and Concord to Selma, Alabama,” the three-judge panel wrote in an 11-page opinion Wednesday. “The manifest injustice against which we must always guard is the chance that a single vote may not be counted. It matters not the importance of the disposition of a ballot in a given election; it matters the dignity of the citizen, the integrity of the electoral process, and the destiny of our constitutional republic.”

The decision to count the ballot for Yancey was based on a small line through the bubble filled in for Simonds. Yancey’s bubble was also filled in.

[COBOL2Java]

If Yancey ends up winning the seat, Republicans expect to have a 51-49 majority. If Simonds winds, the House would be split 50-50.

[Gay State Conservative]

Particularly given that this person voted for Gillespie I'd say this is a vote for Yancy.The person either accidentally marked next to Simonds or,suddenly,had a change of heart and voted for Yancy.If that was me I would have asked for another ballot but perhaps this person thought that he/she had expressed themself clearly enough.

[onedoug]

“The right of a citizen to cast a free vote has been secured to us by the blood of patriots shed from Lexington and Concord to Selma, Alabama,” the three-judge panel wrote in an 11-page opinion Wednesday. “The manifest injustice against which we must always guard is the chance that a single vote may not be counted. It matters not the importance of the disposition of a ballot in a given election; it matters the dignity of the citizen, the integrity of the electoral process, and the destiny of our constitutional republic.”

Such an argument would seem to order another election than to leave the process to chance.

[11th_VA]

If the Rats loose the coin toss, ... well it’s pretty cold outside today but ... we could see mayhem in the streets ...

[ripley]

One wonders how many precincts are controlled by Democrats.

The more precincts controlled by Democrats, the more possibility of voter fraud by those who love subverting the election process in their favor.

IMHO

[SaveFerris]

I gotta ask, how did somebody even fill out that ballot like that?

That being said, the Democrats always seem to get listed first. Of course, I have not seen every ballot across the USA.

[ScottinVA]

The dems seem to forget their main contention in Florida back in 2000: that the “intent of the voter” is paramount!

[SunkenCiv]

Thanks COBOL2Java.

[BlueLancer]

I’d say that the voter who filled out this ballot needs some additional training in how to do so correctly. If you’re going to this much of a hash of it, you need to ask for a new ballot ...

[cableguymn]

There is a 90% chance they win..

Given their ability to win recounts and what not..

likely a doubled headed coin and the dem gets to call it.

[bigbob]

Perfectly clearly!

[mrsmith]

Not quite...

“If Democrat Simonds wins the seat incumbent Republican incumbent Yancey can immediately ask for a recount. It’s not likely the recount will be completed when the House of Delegates convenes on January 10th. That means Republicans will have a one vote margin, 50-49, and be able to vote in their leadership team with Kirk Cox as Speaker of the House and Todd Gilbert as Majority Leader. All committee assignments are decided by the Speaker so Republicans will remain in control of the House of Delegates. Once a Speaker has been chosen it takes two-thirds of the House to remove him. “
http://thebullelephant.com/court-denies-simonds-in-the-94th-hod-district/

[ConservaTeen]

I believe the voter wanted Yancy, but accidentally filled the Moron bubble, so he/she saw the mistake and cross it out. If the voter voted R on the rest of the ballot, then it should be no contest. If the voter voted D on the rest, then the moron should get the vote. If the voter, voted R/D/L/other party, then the election should be redone.

[JayGalt]

Excellent strategy. I hope the Republicans have it firmly in mind!

[Rebelbase]

Didn’t read the full article. Will this one be determined by a coin flip?

[OldeGoat]

In response to your query,the voter voted a straight Republican ticket for Governor, Lt. Governor and Atty. General. Does that explain why the media only shows the upper section of the ballot?

[sphinx]

That ballot should not count.

It would be interesting to see all the other changes made by the recount commission. The R started with a ten vote lead. That's a lot to overcome in an honest recount, since honest mistakes tend to be randomly distributed.