[EL] Election Contest Procedures in Virginia

[Jerald Lentini]

There's also HD86, which has a 56 vote margin without provisionals.


On Wed, Nov 6, 2013 at 12:30 PM, Green, Rebecca <rgreen at wm.edu> wrote:

>  Another quirk of VA law: state statute requires the formation of a
> special election court to preside over recounts:
>
>  The Chief Judge of the Circuit Court where the recount petition was
> filed and two other judges appointed by the Chief Justice of Supreme Court
> of Virginia make up the recount court. The recount court, outlines all
> procedures and the manner in which the recount will be conducted for each
> type of voting equipment used (pursuant to § 24.2-802<http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-802>of the Code of Virginia). The
> court appoints recount officials from among the officers of election who
> served during the election, who are appointed to represent the respective
> parties to the recount. In setting the procedures for the recount, the
> court will also decide if the actual recounting of votes cast will take
> place in the various localities or in a central location. After all of the
> votes cast are recounted, the court will certify the candidate with the
> most votes as the winner.
>
>  (From State Board of Elections Recount Guide, available here<http://www.sbe.virginia.gov/cms/misc/election_laws.html>
> .)
>
>  Rebecca
>
>    ------------------------------
>  Rebecca Green
> Professor of Practice
> Co-Director, Election Law Program
> William & Mary Law School
> 757-221-3851
>
>    From: Josh Douglas <joshuadouglas at uky.edu>
> Date: Wednesday, November 6, 2013 1:02 PM
> To: "law-election at uci.edu" <law-election at uci.edu>
> Subject: [EL] Election Contest Procedures in Virginia
>
>   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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