Virginia: Voters quietly drop lawsuit requesting new 28th District election | Fredericksburg Free Lance Star

The legal fight over an error-tainted House of Delegates election in Fredericksburg came to an official end this week. Nearly a month after the General Assembly convened, a Democratic-aligned law firm dropped its federal appeal challenging the outcome of the 28th District race between Republican Del. Bob Thomas and Democrat Joshua Cole. At least 147 voters in Fredericksburg and Stafford County had been assigned to the wrong House district in a contest Thomas won by just 73 votes, according to state elections officials. Katie Baker, a spokeswoman for House Democrats, said in an email that they look forward to winning the 28th District seat in 2019, when Cole plans to challenge Thomas again. 

Virginia: Breaking logjam, Virginia House panel advances bill to establish redistricting criteria | Richmond Times-Dispatch

A bill to create a new rulebook for Virginia’s political redistricting process passed a Republican-controlled House of Delegates subcommittee early Tuesday, giving anti-gerrymandering activists an incremental win as other bills they supported were struck down. A House subcommittee on elections, usually the place where redistricting bills go to die, voted 6-0 to advance a bill to set new redistricting criteria in Virginia law as state lawmakers prepare to redraw the General Assembly and congressional maps in 2021. House Bill 1598, sponsored by Del. Chris Jones, R-Suffolk, declares that districts should respect existing political boundaries between cities, counties and towns, preserve “communities of interest” and avoid the types of odd, jagged lines lawmakers from both parties have long used to gain political advantage.

Virginia: House approves election changes in wake of 2017 drama | WTOP

Virginia’s House of Delegates on Thursday approved a series of election law changes, some of which are specifically tied to the drama and mistakes during the Nov. 7 elections. The House unanimously approved a bill that would clearly state only one recount is permitted in each election. While that appeared to be the intent of previous laws, questions were raised about unclear portions of the code after a recount led to a tie in Virginia’s 94th District. Those questions centered on whether the loser of the random drawing should be permitted to ask for a second recount. The bill would also specify that a random drawing is the proper way to resolve a tie after a recount, and allow the loser of a random drawing to contest the election.

Virginia: Senate passes voter ID bill linking poll books with DMV photos | WTOP

Virginia voters could see their own face when they check in at the polls under a bill approved along party lines by the Virginia Senate on Monday. Sen. Mark Obenshain’s proposal would have electronic poll books automatically display driver’s license photos of voters, which could eventually be used in place of Virginia’s existing voter identification requirement. “It’s not going to allow any election official to actually turn anybody away right now at all. It is simply porting those IDs over and is simply an additional deterrent to casting votes illegally,” said Obenshain, R-Harrisonburg, before the 21-19 vote.

Virginia: An Election Debacle That Didn’t Happen | Governing

For the election-obsessed among us, the two months of turbulence that followed last November’s elections for Virginia’s House of Delegates would be hard to top for its riveting back-and-forth legal drama and fingernail-biting suspense. Now, as the nation heads into midterm elections on which might hinge party control not only of several state legislatures but also of both houses of Congress, it’s not implausible to imagine similar dramas playing out across the country. Virginia’s experience holds some key lessons that policymakers and election administrators in other states should be moving quickly to follow. …  Not surprisingly, many journalists couldn’t resist the analogy to another close election that involved razor-thin margins and disputed ballots. As a New York Times headline put it in late December, “Virginia Voting Mess Was Never Supposed to Happen After Bush v. Gore.” But Virginia election officials are hardly deserving of Florida 2000-like scorn. Their administration of last November’s voting certainly wasn’t perfect; the mis-assignment of District 28 voters, for example, was a non-trivial mistake. Still, it’s important to understand some key things Virginia election officials did right that allowed them to dodge what might have been a far-worse catastrophe. The most important step Virginia took — and just in the nick of time — was to revert to paper ballots and ditch its high-tech, ATM-like voting machines.

Virginia: After race that ended in drawing, election bills advance | WTOP

Plans to prevent an infinite recount loop appear to be on track for passage in Richmond. On Friday, the House Privileges and Elections Committee unanimously supported a bill from Del. Marcus Simon of Falls Church that would clearly state only one recount is permitted. After a Newport News delegate race recount ended in a controversial tie, there were questions about whether state law would have allowed a second due to conflicting statutes. The full House could approve the bill next week and send it to the Senate. A bill sent to the full House — sponsored by the committee chairman, Del. Mark Cole of the Fredericksburg area — would address the issues in Cole’s district and the adjoining 28th District, where at least 147 voters cast ballots in the wrong races Nov. 7.

Virginia: After ‘chaos’ of 2017, General Assembly looks to overhaul election laws | Richmond Times-Dispatch

Recounts, ballot problems and a televised tiebreaker made Virginia’s 2017 election cycle a wilder ride than normal, but the General Assembly will take a slow and steady approach to figuring out legislative fixes. Republican leaders from the House of Delegates and state Senate announced Thursday that they will create a joint subcommittee to study the issues and craft a comprehensive response for the 2019 session. At a news conference, Senate Majority Leader Tommy Norment, R-James City, said legislators have heard plenty about “the chaos in some areas” of the 2017 elections. “Rather than doing this in a chaotic way, we have made a decision to undertake it in a deliberate and structured format,” Norment said.

Virginia: Lawmakers propose runoff elections, not bowls and film canisters, as new way to break ties | Richmond Times-Dispatch

When Dawnn Wallace learned that the election in her Newport News House of Delegates district would be decided by drawing a name from a bowl, she was “flabbergasted” to learn that was the state’s process for breaking ties. Wallace said she was among the 23,216 people who voted in the 94th House District race last year, only to see the outcome decided by pure luck when a recount showed Republican Del. David Yancey and Democrat Shelly Simonds both finishing with 11,608 votes. “I can tell you that nobody would want a football game decided by a coin flip. Or a basketball game decided by a jump ball. Or a hockey game decided by which team had the most teeth knocked out at the end of the game,” Wallace said. “If the game is tied at the end of regulation, it goes into overtime.” Wallace joined Del. Marcia S. Price, D-Newport News, Wednesday at the Capitol as Price announced she’ll push to change state law so that elections are decided via the political equivalent of overtime: runoff elections.

Virginia: Some are Calling for an End to Split Precincts Following Voting Errors in Fredericksburg | WVTF

Confusion over split precincts led to a meltdown in Fredericksburg last year, when dozens of voters were given the wrong ballot. Now some lawmakers are hoping for a fix. When most voters walk into their home precincts, they are handed a ballot that has candidates for one House seat. But some precincts are split in a way where some voters are supposed to receive one ballot while others receive another. That led to massive confusion last year in Fredericksburg, which is why Delegate Vivian Watts wants to outlaw split precincts. “Four of my 20 precincts are split. One of them is particularly impossible to figure out where that line is. How in the world are the people going to hold me accountable as an elected official if they don’t even know who represents them?”

Virginia: Democrats Roll Out Voting Rights Agenda | Associated Press

Democratic legislators are pushing for a package of bills to make it easier for Virginians to vote, including proposals to let people register on Election Day and to cast an absentee ballot for any reason. Del. Debra Rodman of Henrico County has introduced a bill to would repeal the deadline for registering to vote before an election. Instead, eligible voters could register at any time, including the day of the election. “I am critically proud for this opportunity, all of these opportunities, that will allow Virginians true access to the ballot,” Rodman said. “Knowledge and access are imperative to the evolution of our democracy.”

Virginia: Proposals seek to end gerrymandering in Virginia | Capital News Service

An assortment of bills to revise standards for drawing Virginia’s electoral districts could be the beginning of the end for gerrymandering in the commonwealth, according to redistricting reform proponents. Gerrymandering, the practice of politicians redrawing electoral districts to gain an advantage, has drawn attention and disdain in recent years. North Carolina’s congressional map was declared unconstitutional last week by a panel of federal judges, who ruled legislators had drawn it with “invidious partisan intent.” House Bill 276, proposed by Democratic Del. Sam Rasoul of Roanoke, would create a Virginia Redistricting Commission. The commission would determine the criteria for remedial redistricting plans if a court declares any congressional or legislative district unlawful. Under the current system, the legislators themselves determine the criteria for redrawing these lines.

Virginia: Thousands of Virginians may have voted in the wrong state House districts | Washington Post

Thousands of Virginia voters may be registered in the wrong state House district, raising the possibility of election disputes. In a statewide analysis, The Washington Post found addresses of about 6,000 registered voters that appear to lie outside a map of the assigned House district. If their turnout tracked the state average, more than 2,800 mistaken state House votes could have been cast in November. Six of the 100 delegate races were decided by fewer than 500 votes. One was decided by a coin flip. One controversy stemming from such errors is now playing out in the 28th House District near Fredericksburg. Democrats are seeking a new electionbecause 147 people voted in the wrong race, while Republican Bob Thomas won by just 73 votes. (They can’t just throw out the individual bad ballots since they can’t be identified). A state Department of Elections investigation there, launched following voter complaints, found the 147 affected voters got the wrong ballot because official voter registration records placed them in the wrong district.

Virginia: How Reversing Felony Disenfranchisement is Transforming Virginia | The Atlantic

Richmond is hot in the summer. August days in Virginia’s capital feature the kind of heat that shimmers in waves from the pavement and even in the evenings plasters suit shirts to skin like wet towels. On one such evening last year, that heat did a little extra sticking, even as a group of people gathered packed in a tiny room behind the governor’s mansion. In the middle of the group, Governor Terry McAuliffe stood, relishing the attention despite the heat. He’d shown his visitors through the traditional attractions of his home, like the room where the Marquis de Lafayette reportedly lodged during his 1820s tour of the United States. But he reserved the most gusto for the pieces of the mansion and its history that many previous inhabitants had preferred to skip: a thin staircase leading to the warrens and passageways where house slaves were expected to move and work unseen, and the handiworks of generations of enslaved people who’d been shuffled in and out of the house like furniture. The visit to the slave quarters was his pièce de résistance, a heavy dose of symbolism for a program whose beneficiaries he’d invited to dine with him.

Virginia: Voters file appeal to block Republican from taking office in House race tainted by ballot mix-up | The Washington Post

Four Democratic voters in Virginia are appealing a court decision that cleared the way for Republicans to take control of the state House of Delegates. At issue is whether errors that led some voters in an extremely close Northern Virginia House race to be given the wrong ballots were so significant that Republican Robert Thomas, the victor, should not be seated when the General Assembly convenes on Wednesday. Late Friday, U.S. District Judge T.S. Ellis III of the Eastern District of Virginia decided they were not. The four voters have appealed Ellis’s decision to the U.S. Court of Appeals for the 4th Circuit and filed an emergency motion there to stop Thomas from being seated.

Virginia: Judge Rejects Request for New Vote in Virginia House Race | Associated Press

A federal judge on Friday rejected a request for a new election that might have forced a 50-50 split in Virginia’s House of Delegates, calling ballot mistakes cited by Democrats a “garden-variety” problem that doesn’t merit federal intervention. Democrats had hoped a new election in the 28th District would provide an opportunity for an even split in the chamber, which is now on track to be controlled by a 51-49 GOP majority. Democrats cited state election officials who said 147 voters received the wrong ballot before Republican Bob Thomas beat Democrat Joshua Cole by only 73 votes. It is the second defeat in as many days for Democrats. On Thursday, election officials broke a tie vote in another House district by drawing names from a bowl, and picking the Republican.

Virginia: Republican Wins Election After His Name Is Drawn From a Bowl | Bloomberg

By luck of the draw, incumbent Republican David Yancey won a Virginia state House of Delegates race so close that its outcome was determined Thursday when an elections official pulled his name out of a ceramic bowl. The drawing of lots happened after the race between Yancey and Democratic challenger Shelley Simonds ended in tie. The win allows Republicans to maintain a slim majority in the House, though a final tally is still uncertain because Simonds could ask for another recount. Adding another wrinkle: Another close legislative race is in doubt because it’s locked in a court battle. The drawing drew a large, if lopsided, crowd to the Virginia elections board meeting. Many of the people packed into the room were either reporters or Simonds’ supporters. Yancey did not attend but did have a few GOP staffers there to watch.

Virginia: Citing registration concerns, attorney warns of false voter fraud prosecutions | WTOP

A Virginia commonwealth’s attorney has warned prosecutors statewide Wednesday against prosecuting certain voter registration fraud cases, due to concerns raised by Virginia registrars. In an email obtained by WTOP through a Freedom of Information Act request, Chuck Slemp, commonwealth’s attorney for Wise County and the City of Norton, said he has dropped prosecutions in “several cases” where it initially appeared that felons were trying to register to vote through the Department of Motor Vehicles, because he cannot be completely sure any data in the system is accurate. “I believe that all Commonwealth’s Attorneys should be made aware of this issue because there may be a considerable risk of unfair prosecution of certain individuals statewide,” the email forwarded on Slemp’s behalf said.

Virginia: Tiebreaker Drawing Is Back On. But It May Not Settle House Race. | The New York Times

Virginia’s on-again, off-again drawing to break a tie in a state House race is back on, with the winner’s name to be ceremoniously plucked from a bowl on Thursday in Richmond. But the drawing, the latest chapter in an election melodrama that has drawn wide attention, may fail to bring finality, since the loser can request a recount — which would be the second recount of the original vote. At 11 a.m. in a building named for Patrick Henry, adjacent to the State Capitol, Virginia’s Board of Elections plans to chose the winner of House District 94 “by lot,’’ as state law specifies. The proceedings will be live-streamed. The only thing that might intervene is a winter storm headed for the Mid-Atlantic states, James Alcorn, the chairman of the elections board, said on Twitter.

Virginia: Recount court denies Democrat’s request, leaving critical House race a tie | The Washington Post

The winner of a pivotal Virginia legislative race will be decided by lottery Thursday, one day after a recount court rejected a request to toss out a disputed ballot that brought the contest to a tie. In a race full of unexpected twists, the State Board of Elections is set to break the tie by randomly selecting the name of either Republican incumbent David E. Yancey or Democrat Shelly Simonds from a stoneware bowl fashioned by a Virginia artist. The spectacle, expected to be watched via live stream around the country, could break the GOP’s 18-year hold on the House of Delegates. But even if Simonds wins the drawing — splitting the 100-member chamber right down the middle — odds are the GOP will retain control on day one of the 2018 General Assembly session, when crucial votes for speaker and rules take place.

Virginia: Fairfax County registrar to deny voter registrations over concerns with Virginia system | WTOP

Thousands of people who recently moved to Fairfax County from other parts of Virginia are set to receive notice in the next week or so that their voter registration requests have been denied. This move follows concerns about the way a state Department of Elections system handles requests submitted through the Department of Motor Vehicles, the county’s general registrar said. To start with, that means about 5,000 letters to people who submitted some of the most recent address updates. The county’s general registrar is accepting similar voter registration updates through the Department of Elections website.

Virginia: Department of Elections knew of issues with voting in wrong House districts before 2017 election | WTOP

Leaders of Virginia’s Department of Elections, House Speaker Bill Howell and Fredericksburg’s Electoral Board knew there were problems with voters assigned to the wrong House districts in the Fredericksburg area since at least early 2015, documents and interviews show. That is more than two years before the Nov. 7 election to replace Howell that is now mired in a federal lawsuit that could help decide which party controls the Virginia House of Delegates. “There were some issues raised in 2015 that we believed to have been resolved, and apparently, there were additional issues that were … still impacting voters,” Virginia Department of Elections Commissioner Edgardo Cortes said in an interview.

Virginia: In race critical to House control, GOP urges judges to stick by disputed ballot ruling | The Washington Post

Republicans on Friday asked a three-judge panel in Virginia to stick by its decision to count a disputed ballot in a squeaker legislative race, a ruling that threw the contest — and control of the House of Delegates — into limbo. House Republicans were responding to a motion Democrats had filed Wednesday, asking a recount court to reverse itself and declare Democratic challenger Shelly Simonds the winner over Del. David E. Yancey (Newport News) by a margin of one vote. A win by Simonds would split the 100-seat House down the middle, forcing a rare power-sharing arrangement on a chamber that Republicans have controlled for 17 years.

Virginia: Voting Mess Was Never Supposed to Happen After Bush v. Gore | The New York Times

It was the electoral nightmare Virginia never wanted to experience: being host to a high-profile mess like the 2000 presidential election recount in Florida, with officials obsessing over questionable ballots as political power hangs in the balance. So 17 years ago, the state began writing a guidebook on how to handle such situations. The latest edition includes pictographs of ballots marked in unconventional ways — names crossed out, several boxes checked, “My guy” scrawled over a candidate’s name. Despite the best intentions to avoid a Florida-style snafu, that is where Virginia now finds itself, with lawyers fighting over how to interpret one questionable ballot. And at stake is possible control of the Legislature.

Virginia: Officials postpone lottery drawing to decide tied statehouse election | Reuters

A lottery drawing to settle a tied Virginia legislative race that could shift the statehouse balance of power has been indefinitely postponed, state election officials said on Tuesday, after the Democratic candidate mounted a legal fight. The decision to put off the high-stakes lotto, originally scheduled for Wednesday, marks the latest twist in a dramatic election recount that at one point showed Democrat Shelly Simonds beating Republican incumbent David Yancey by a single vote. A victory by Simonds would shift Republicans’ slim control of the 100-member House of Delegates to an even 50-50 split with the Democrats, forcing the two parties into a rare power-sharing arrangement.

Virginia: Tied Race That Was Headed for Name-Drawing Gets Another Twist | The New York Times

A race that would tip control of Virginia’s House of Delegates, whose constant and nearly comic pendulums between candidates has attracted national attention, took one more twist on Tuesday when a drawing to break a tie was unexpectedly postponed. The Virginia State Board of Elections announced it would delay a drawing of lots after receiving a letter from lawyers for the Democratic candidate, Shelly Simonds, that she was legally fighting the ruling of a recount court last week. The election board’s one-line announcement, on Twitter, came just hours after an announcement that there would be a live video stream of the drawing, which was to be held adjacent to the State Capitol, in response to the huge interest in the race beyond Virginia.

Virginia: Recounts end with Bob Thomas win and Republican majority left to chance | The Washington Post

The last of four recounts in Virginia House of Delegates races ended Thursday with the status quo confirmed – Republican Bob Thomas appeared to win against Democrat Joshua Cole by a margin of 75 votes. But whether Thomas ultimately retains that seat in the 28th District remains unclear, as the race is the subject of a pending federal court challenge. Democrats are seeking a new election because more than 100 voters were given the wrong ballot on Election Day. A hearing on the case has been scheduled for Jan. 5, five days before the General Assembly is set to reconvene. The recount held Thursday reduced Thomas’ margin of victory over Cole from 82 votes to 75 votes. A three-judge recount court is scheduled to resolve a dispute over a single challenged ballot and certify the revised results in the afternoon.

Virginia: Officials will randomly pick winner of tied House of Delegates race | The Virginian-Pilot

Mark your calendars for Wednesday, Dec. 27. That’s the day the Virginia Board of Elections will randomly pick the winner of the high-stakes and tied 94th House District race. The impact? Control of the House of Delegates – and major policy decisions. After a recount and a court battle over one irregular, uncounted ballot, Del. David Yancey, R-Newport News, and Democratic challenger Shelly Simonds each have 11,608 votes. The winner will be determined by “drawing lots.”

Virginia: A court rules against Shelly Simonds one-vote victory for Virginia House of Delegates | The Washington Post

A three- judge panel declined to certify the recount of a key House race today, saying that a questionable ballot should be counted in favor of the Republican and tying a race that Democrats had thought they had won by a single vote. “The court declares there is no winner in this election,” said Newport News Circuit Court Judge Bryant L. Sugg, after the judges deliberated for more than two hours. He said the ballot in question contained a mark for Democrat Shelly Simonds as well as a mark for Republican Del. David Yancey but that the voter had made another mark to strike out Simonds’ name.

Virginia: Elections board to pick random winner in tied House race: ‘They put two names in, somebody shakes it up, and they pull it’ | Richmond Post-Dispatch

An apparent one-vote Democratic victory in a Newport News-area House of Delegates race turned into a tie Wednesday, creating an unprecedented scenario in which control of the House will be decided by state officials essentially drawing a name out of a hat. Under state law, the State Board of Elections now has to break the tie in the 94th House District through “determination by lot,” the wildest turn yet after a roller-coaster week in Virginia politics. Republican Del. David E. Yancey entered Tuesday’s recount with a 10-vote lead over Democrat Shelly Simonds. At the end of the recount, Simonds appeared to have a one-vote lead over Yancey, which would have created a 50-50 split in the House after Democrats flipped 15 other GOP-held seats in a wave election last month.