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.
In addition, Cole recently filed a request for a recount in the race to succeed retiring House Speaker Bill Howell, R–Stafford County. The outcome of the recount and lawsuit could determine which party controls Richmond’s lower chamber.
The 28th District includes parts of Fredericksburg and Stafford. Neither Cole nor Thomas immediately returned calls for comment Wednesday.
House Democrats David Toscano and Charniele Herring released a statement Wednesday night saying a special election is the only remedy for voters who got the wrong ballots.