[EL] Election Contest Procedures in Virginia

[Josh Douglas]

It appears that yesterday's Attorney General's election is the only one
that might be within the "margin of litigation," with the candidates
separated by a mere 476
votes<http://www.washingtonpost.com/local/virginia-politics/obenshain-herring-in-dead-heat-in-virginia-attorney-generals-race-recount-expected/2013/11/06/f3d49976-46b0-11e3-b6f8-3782ff6cb769_story.html>out
of 2.2 million cast.  Both sides indicate that they will ask for a
recount.  After that administrative process is complete, it is plausible
that the losing side will initiate an election contest.  But this is one
example in which it won't necessarily be the courts, but the legislature,
who will decide the contest.

As I explain in my
article<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2016378>on
this topic, in Virginia a joint session of the legislature decides
election contests for statewide offices such as Attorney General, with the
Speaker of the House of Delegates presiding.  Although I have not reviewed
yesterday's election results for Virginia legislature, the current General
Assembly is controlled by Republicans--67-31 (with one independent) in the
House of Delegates and 20-20 in the Senate.  Thus, particularly if the
Republican candidate, Obenshain, is down after the recount, we could see
him initiate an election contest in the General Assembly.

Josh

-- 
Joshua A. Douglas
Assistant Professor of Law
University of Kentucky College of Law
620 S. Limestone
Lexington, KY 40506
(859) 257-4935
joshuadouglas at uky.edu
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