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.

Virginia: In Virginia, a 11,608-to-11,607 Lesson in the Power of a Single Vote | The New York Times

The Democratic wave that rose on Election Day in Virginia last month delivered a final crash on the sand Tuesday when a Democratic challenger defeated a Republican incumbent by a single vote, leaving the Virginia House of Delegates evenly split between the two parties. The victory by Shelly Simonds, a school board member in Newport News, was a civics lesson in every-vote-counts as she won 11,608 to 11,607 in a recount conducted by local election officials. Ms. Simonds’s win means a 50-50 split in the State House, where Republicans had clung to a one-seat majority after losing 15 seats last month in a night of Democratic victories up and down the ballot, which were widely seen as a rebuke to President Trump. Republicans have controlled the House for 17 years.

Virginia: Recount Set to Begin for Virginia’s Tightest House Race | Associated Press

A recount is set begin for a Virginia House of Delegates race that could alter the power dynamic in Richmond. Election officials in Newport News on Tuesday will rescan ballots cast in the 94th District. It's one of four recounts that were scheduled following extremely close House races this year. November's elections had shrunk the Republicans' 66-34 majority in the House to a 51-49 edge. The recounts will determine if the GOP maintains control.

Virginia: Briefs filed in Virginia Supreme Court in redistricting challenge | Augusta Free Press

Briefs were filed today in the Supreme Court of Virginia supporting the appeal in Vesilind v. Virginia State Board of Elections, a case backed by OneVirginia2021, a bipartisan organization seeking to end the practice of gerrymandering legislative districts in the Commonwealth. The case, which challenges the General Assembly’s 2011 drawing of 11 House and Senate legislative districts, states the current boundaries violate the Virginia constitution’s requirement that districts be composed of territory that is “compact.”  

Virginia: Guide to how Virginia recounts work as four House races remain contested | The Washington Post

The first of four recounts in legislative races — which could change political control of the Virginia House of Delegates — began Wednesday in a courthouse in Fairfax County. That’s where Republican Del. Timothy D. Hugo holds a 106-vote edge over Democrat Donte Tanner in the 40th House District, which straddles Fairfax and Prince William counties. Republicans are holding onto their majority in the Virginia House of Delegates by a hair — they have just a two-seat advantage over Democrats in the lower chamber. Any one of the four contests under the microscope could tip the balance — including the contest with the slimmest margin, where Republican Del. David E. Yancey beat Democratic challenger Shelly Simonds by just 10 votes.

Virginia: Elections commissioner supports “appropriate” federal remedy for disputed 28th District House election | Free-Lance Star

The head of the Virginia Department of Elections wrote recently that he supports an “appropriate remedy” by a federal court for the disputed 28th District House of Delegates election in Fredericksburg and Stafford County. Elections Commissioner Edgardo Cortés could get his wish. U.S. District Court Judge T.S. Ellis this week set a date of Jan. 5—just five days before the General Assembly convenes—for a hearing on the House Democratic Caucus’ lawsuit requesting a new election for the seat, which could determine control of Richmond’s lower chamber. Democrats had requested the hearing on or before Dec. 22, but the judge set it later to “accommodate the court’s schedule.”

Virginia: Democrats seek special election for Fredericksburg-area House race | The Free-Lance Star

Virginia Democrats formally requested a court-ordered special election for the 28th District House of Delegates seat after revelations that more than 100 voters in the Fredericksburg region cast ballots in the wrong House race. Attorneys for the House Democratic Caucus filed court papers late Wednesday afternoon asking a federal judge to require a special election between Democrat Joshua Cole and Republican Del.-elect Bob Thomas, who won by just 82 votes on Nov. 7. They also requested federal court orders preventing Thomas from being seated in January and requiring the State Board of Elections to withdraw its certification of the results.

Virginia: Democrats request third recount in Virginia House of Delegates races | Washington Times

A third Democratic candidate has filed for a recount contesting the results of the November 7 election that nearly cost Republicans their majority status in the Virginia House of Delegates. The campaign of Josh Cole, the Democratic nominee in last month’s District 28 race, requested the recount Friday in Stafford Circuit Court, following in the footsteps of similar efforts mounted recently by fellow Democratic House of Delegates hopefuls Donte Tanner and Shelly Simonds. Republicans currently hold 66 of the 100 seats in the lower house of Virginia’s legislature, but that number is expected to change significantly next year as an outcome of last month’s vote.

Virginia: Democrat Joshua Cole to request recount in key Fredericksburg-area House election | The Free-Lance Star

Democratic House of Delegates candidate Joshua Cole confirmed Thursday that he will request a recount in the closely contested 28th District race that could determine control of Richmond’s lower chamber. Cole said he plans to file the request Friday in Stafford County Circuit Court, joining two other Democratic House candidates who asked for recounts earlier in the week. He lost to Stafford Republican Bob Thomas by 82 votes on Nov. 7, but Democrats have disputed the outcome amid revelations that voters in Fredericksburg and Stafford received ballots for the wrong House race. Because the race was so close, the state will foot the bill for the recount.

Virginia: State Board of Elections certifies disputed Fredericksburg-area results despite 147 people voting in the wrong House race | Richmond Post-Dispatch

Virginia’s State Board of Elections on Monday certified the results of two Fredericksburg-area House of Delegates elections, despite Democrats asking the board to delay the process because 147 people voted in the wrong House district. The elections board’s 3-0 vote to certify the results showing Republicans winning the 28th and 88th District races does not finalize the outcome. But it closes an initial, chaotic chapter in the legal battle over a close 28th District race that could decide which party controls the House after Democrats picked up at least 15 seats in a wave election on Nov. 7.

Virginia: State elections board certifies two contested legislative races in Virginia despite election irregularities | The Washington Post

Virginia’s Board of Elections on Monday unanimously certified two state legislative races — in which 147 voters cast ballots in the wrong district — in favor of the Republicans in both contests. The decision means that Republicans control 51 seats in the House of Delegates while Democrats control 49. The action shuts down one potential route, but it does not end Democrats’ hopes to win control of the chamber. In letters sent over the weekend, Democrats had urged the Democratic-controlled board to hold off on certification because of the irregularities, particularly since one of the two races — in District 28 — was a squeaker that could determine which party takes charge of the House.

Virginia: Uncertainty Reigns In Battle For Virginia House Of Delegates | NPR

Three weeks after Election Day, Virginia Republicans hold on to the narrowest of margins for control of the state House of Delegates. But no one can predict for sure whether they can hang on to it. That's because a surprisingly strong turnout by Democratic voters in elections earlier this month has produced tight races in three House districts. The tightest race, in the 28th House district, is snarled in controversy over the legitimacy of 147 votes. The Republicans won a victory Monday when the State Board of Elections certified that two GOP candidates won elections in two adjoining districts — one of them the 28th — in the Fredericksburg area, about 50 miles south of Washington D.C. However, state election officials say that 147 people in those contests voted in the wrong district. No one knows how that happened and the person who might best have a clue to the mystery, the registrar, passed away in April of this year.

Virginia: As state sets to certify election results, expert says ‘something really went wrong’ | WTOP

As Virginia’s State Board of Elections prepares to certify House of Delegates results Monday that the Department of Elections has serious questions about, an expert said it is possible that not all of the serious problems, which appear to date back years, have been exposed yet. WTOP learned Friday that at least 147 people in Stafford County and Fredericksburg voted in the wrong race Nov. 7, a Department of Elections investigation has confirmed so far. During a court hearing earlier last week, the state disclosed that a total of at least 384 registered voters were assigned to the wrong House district. The new details of the investigation showed that the issues confirmed during this limited investigation include voters tied to the 28th, 88th and now the 2nd House District. The Department of Elections disclosed Wednesday that at least 384 registered voters in the Fredericksburg area were misassigned one way or the other between the 28th House District and the 88th. The 28th District race is separated by just 82 votes and could determine which party controls the House of Delegates.

Virginia: Federal judge rejects Democrats’ bid to bar state elections officials from certifying result in House District 28 | Richmond Post-Dispatch

A federal judge in Alexandria on Wednesday evening rejected Democrats' emergency bid to halt the State Board of Elections from certifying the vote totals in House District 28, increasing pressure on state elections officials to act in the Fredericksburg-area contest. U.S. District Judge T.S. Ellis III in Alexandria held a hearing on the case by telephone, then denied Democrats' motion for a temporary restraining order. The top Republican in the House of Delegates said that the Democrats' "effort to litigate their way to victory" is failing.

Virginia: Federal judge rejects Democrats’ request to block certification of races but leaves door open for new election | The Washington Post

A federal judge refused Wednesday to issue a temporary restraining order to stop Virginia’s board of elections from certifying the results in two House of Delegates races in which more than 300 voters were apparently assigned to the wrong races. It is unclear how many of those voters cast ballots on Nov. 7. The ruling was a setback for Democrats, whose hopes for taking control of the chamber could rest on one of the two seats. “The job of the board is to certify the count,” Judge T.S. Ellis III of U.S. District Court in Alexandria said in a hearing conducted by telephone. “Let the state process run its course.” But the judge let the lawsuit stand, meaning Democrats could return to the court after the results are certified by the state board of elections to challenge the outcome and request a new election. “We don’t have a clear picture, exactly, of the scope of the problem,” Ellis said.

Virginia: State again delays certification of elections, as Democrats file third lawsuit in disputed House race | The Washington Post

Democrats hoping to win control of Virginia’s House of Delegates filed a federal lawsuit Tuesday seeking to block the state Board of Elections from certifying a tight race that has been clouded by ballot mix-ups. The Virginia House Democratic Caucus filed the suit in U.S. District Court in Alexandria - the third complaint Democrats or their allies have filed over that key legislative race since the Nov. 7 election. All the lawsuits claim that voters had been disenfranchised for various reasons; the first two were dismissed. Late Tuesday, the elections board decided to postpone a Wednesday meeting to certify results in the 28th District and in the adjacent 88th District, said Edgardo Cortés, the state commissioner of elections.

Virginia: State officials decide not to certify two House races amid claims that voters got the wrong ballots | The Washington Post

Virginia’s Board of Elections voted unanimously Monday to delay certification of two House races, amid new claims that dozens of voters got the wrong ballot in a tight contest that could determine control of the legislature’s lower chamber. The board called a “time out” after state Elections Commissioner Edgardo Cortés announced that in April 2016, Fredericksburg registrar Juanita Pitchford erroneously assigned 83 voters from the 28th House District to the 88th. It was not clear how many of the 83 voters actually cast ballots on Nov. 7, but the 28th District race is tight. Republican Robert Thomas leads Democrat Joshua Cole by 82 votes in the contest to fill the seat held by retiring Speaker William J. Howell (R-Stafford).

Virginia: Virginia judge won’t force count of 55 absentee ballots in close delegate race | The Washington Post

A federal judge in Alexandria declined Friday to force a count of 55 absentee ballots that could help determine control of the Virginia House of Delegates. In the race to fill the seat held by retiring Speaker William J. Howell (R-Stafford), Republican Robert Thomas is ahead of Joshua Cole by 82 votes. Cole’s campaign filed suit arguing that 55 absentee ballots that arrived in Stafford County the day after the Nov. 7 election were late because of postal-office problems and should be counted. Judge Claude M. Hilton disagreed. “These ballots were late,” he said. Everyone, Hilton added, wonders sometimes “what’s wrong with the mail.” But he saw no evidence of “improprieties” here.

Virginia: Postal Service change may be key to late-arriving absentee ballots in tight races | WTOP

Changes at the U.S. Postal Service may be a key reason hundreds of absentee ballots submitted across Virginia will not count — including 55 ballots in tight races in Stafford County. Former Virginia Board of Elections Secretary Don Palmer, now a fellow with the Bipartisan Policy Center focused on election improvements, said changes that added two days to standard processing times for First Class mail, among other things, have made it less likely that even ballots mailed the Friday before an election arrive in time to be counted. In Virginia, only ballots received before polls close can be counted under current law; the postmark does not matter.

Virginia: As Virginia heads for recounts, Democrats question Fredericksburg ballots | WTOP

Democrat Joshua Cole’s campaign has filed a federal lawsuit aiming to get late-arriving absentee ballots counted in Stafford County. The legal maneuver could also delay final certification of election results long enough for Democratic lawyers to figure out whether more than 600 voters in the Fredericksburg part of the contested House of Delegates district were given the wrong ballots. Cole, who trails Republican Supervisor Bob Thomas by 82 votes in the results certified by the Stafford County and Fredericksburg electoral boards, is one of three Democrats trailing in tight House races. For now, Republicans would hang on to control of the chamber with a 51-49 majority. Del. David Toscano of Charlottesville, the House Democratic leader, said he is hopeful that the final 10-vote margin in House District 94 in Newport News could be flipped in a recount.

Virginia: What Virginia tells us, and doesn’t tell us, about gerrymandering | Los Angeles Times

Although the Virginia governorship was Tuesday’s marquee race, the Virginia House of Delegates produced the day’s most surprising result. Democrats picked up at least 15 seats and reduced a 66 to 34 Republican advantage to, at most, 51 to 49. A gerrymandered chamber thought to be safely Republican suddenly became a toss-up — and may yet flip to Democratic control after all the recounts are completed. This unexpected outcome raises the question: Can gerrymandering really be such a problem if a party's legislative edge can virtually disappear overnight? This question is especially important at present, as the Supreme Court mulls over Gill vs. Whitford, a potentially historic case about redistricting in Wisconsin. The question also has a clear answer: Of course gerrymandering is deeply troublesome even if it can be overcome, at least temporarily, by a wave election.The question also has a clear answer: Of course gerrymandering is deeply troublesome even if it can be overcome, at least temporarily, by a wave election.

Virginia: Recounts expected following tight races in the Virginia House | WVEC

Three Virginia House of Delegates races are too close to call. Just 12 votes separate Republican incumbent David Yancey from democrat Shelly Simonds in the 94th District.  It could mean a handful of recounts across the state will decide who controls the General Assembly for the next two years. Elections officials say the final vote count has not been finalized because elections offices in cities and counties still have a few days to count ballots. Elections offices must have a count by Wednesday to the State Board of Elections. The Board has until Nov. 20 to present a certified final tally.

Virginia: Democrats claim absentee ballots in a key House race were uncounted | The Washington Post

Nearly a week after Election Day, Democrats and Republicans were closely monitoring three races that could determine control of Virginia’s House of Delegates. The parties were especially focused on the House seat being vacated by retiring Speaker William J. Howell (R-Stafford). Republican Robert Thomas is ahead of Joshua Cole by 86 votes. Democrats claim 55 absentee ballots mailed in that race by active-duty military voters went uncounted because they were left in the Stafford County registrar’s mailbox on Election Day — an account the registrar disputes. “It’s disgraceful that the registrar and two members of the Stafford County Electoral Board refuse to count military votes,” Susan Swecker, chairwoman of the Democratic Party of Virginia, said in a statement.

Virginia: Vote count in close Stafford races fuels criticism, concern | Fredericksburg Free Lance-Star

Questions are swirling around two close elections in the Fredericksburg region that appear destined for recounts. In a conference call Friday, House Democratic Caucus Executive Director Trent Armitage said that 55 military ballots delivered to the Stafford County registrar’s post office box on Tuesday—Election Day—went uncounted because they were not picked up until Wednesday. Democrats said they had no way of knowing which candidates the 55 votes went for, but the ballots arrived on time and came from active-duty military personnel. “We find that to be absolutely ridiculous,” Armitage said. Stafford Supervisor Laura Sellers, a Democrat, lost her Garrisonville District seat to Republican Mark Dudenhefer by just 15 votes. And Republican Bob Thomas holds an 83-vote lead over Democrat Joshua Cole in the race for the 28th District House of Delegates seat representing parts of Fredericksburg and Stafford.

Virginia: Potential chaos ahead as control of Virginia House of Delegates hangs in balance | The Washington Post

Whether Virginia’s deep-red House of Delegates turns blue, or an awkward purple, comes down to a few dozen votes and potential handshake deals. Republicans, who held 66 of 100 seats in the lower house of the state legislature, saw their majority melt away Tuesday in a Democratic wave that felled at least 12 GOP incumbents and flipped three open seats to the Democrats — an unprecedented shift. With four races still too close to call, both parties are bracing for the messiest of all outcomes: a dead-even 50-50 split that requires power-sharing and a potentially ugly fight for the speakership. That would be triggered if Democrats pick up one of the four races that are close enough for a state-funded recount. Republicans have leads difficult to overcome in three of them, including Del. Timothy D. Hugo (R-Fairfax), who narrowly pulled ahead of his challenger after unofficial results were tallied. Del. David Yancey (R-Newport News) is just 12 votes ahead of Democratic challenger Shelly Simonds, with provisional ballots still being counted through Monday.

Virginia: DHS pick worried about voting machine security during Virginia election | The Hill

President Trump’s choice to lead the Department of Homeland Security (DHS) said Wednesday that she pressed her polling place on voting machine security when she voted in Virginia this week. Kirstjen Nielsen, the nominee for Homeland Security secretary, made the comments during her confirmation hearing Wednesday morning when asked about the department’s role in protecting election infrastructure from cyberattacks. “When I went to vote this week in the Virginia election, I was quite concerned with the scanning machine and started asking a variety of questions on what the security was on the scanning machine for the ballot. I think we all have to be very aware and work with the state and locals,” Nielsen said. 

Virginia: Voters Get Mysterious Robocalls That Their Polling Places Have Changed | The Intercept

Virginians go to the polls today to vote on a number of statewide and legislative races. But voters in one prominent swing county in Virginia have received robocalls falsely telling them their polling places have changed. Harry Wiggins, chair of the Prince Williams County Democratic Committee, told The Intercept that voters started alerting him about these calls last Friday. “Some of those people were actually called multiple times,” Wiggins said. “They’re saying, ‘Your regular polling places has changed, you need to vote at a different polling place.'” As of Tuesday, Wiggins said 32 voters have alerted him that they had received these robocalls. Robin Williams, chair of the Prince Williams County Elections Board, confirmed to The Intercept that they have forwarded these complaints to the state — which has the power to investigate and prosecute election shenanigans. He also said that the county was not responsible for these calls. “If we change a precinct, we can’t do it 60 days before an election,” he said. He pointed out that every voter is notified by mail if their polling station is changed. “We spend a fair amount of money in order to move one of these precincts, a lot of notice. … You will never get a phone call from us or anything like that. Our communication to you is by mail.”