What makes me even more nervous here is that all these judges were appointed by a Republican-controlled legislature…
BREAKING: We obtained the actual ballot submitted to the court.
Dissect away.https://t.co/cQneTM0tUk pic.twitter.com/Eeq4mEOtd9— Jordan Pascale (@JWPascale) December 20, 2017
Here is something key. Lawyers representing Simonds’ side declined to comment on whether they’ll appeal. State law, at least in this section (https://t.co/HuCJktnVKt), says they can’t: “The recount proceeding shall be final and not subject to appeal.”
— Reema Amin (@reemadamin) December 20, 2017
That is, if the State Board of Elections certifies the vote (we don’t know when that would be yet). Obviously, nothing is for granted here. That has been made excruciatingly clear.
— Reema Amin (@reemadamin) December 20, 2017
If you’re just tuning in NOW: three judges considered one overvote issue presented this morning and decided it was for Yancey. He and Simonds are tied in the 94th District; tiebreakers happen by drawing lots. The balance of power in the House rests on drawing sticks.
— Reema Amin (@reemadamin) December 20, 2017
Lawyer for the Democratic party will not comment on what’s next and whether they’ll appeal.
— Reema Amin (@reemadamin) December 20, 2017
Apparently state law says that the candidates draw lots to determine winner. Loser can ask for a recount.
— Reema Amin (@reemadamin) December 20, 2017
Apparently state law says that the candidates draw lots to determine winner. Loser can ask for a recount.
— Reema Amin (@reemadamin) December 20, 2017
Ballot is counted. We have a tie.
— Jordan Pascale (@JWPascale) December 20, 2017
3 judge panel agrees rules single ballot is a vote for Yancey. 94th district is tied.
— Matt Gregory (@WAVY10MATT) December 20, 2017
#BREAKING judges ruled ballot in question goes to Yancey. Race is tied! More to come https://t.co/wPA8U8k1yp
— Brendan Ponton (@brendanponton) December 20, 2017
Judges have been in recess for two hours. Debating whether or not to count a ballot that looks somewhat like this. They would not allow photos of the actual ballot. pic.twitter.com/1GAJBWoTrM
— Jordan Pascale (@JWPascale) December 20, 2017
Dem lawyer says the marking of Gillespie and a mark for Simonds either means the voter wanted both those candidates, or that this ballot should just be thrown out as it originally was. R’s lawyer says nah, it shows they did NOT want Simonds.
— Reema Amin (@reemadamin) December 20, 2017
The ballot shows a bubble for Gillespie with an X through it. Bubbles also for Vogel and Adams for LG and AG. Two bubbles marked in for 94th with a single slash through Simonds’ bubble.
— Reema Amin (@reemadamin) December 20, 2017
Taking a risk and updating here. Judges have been in recess reviewing the ballot for twoish hours now. Electoral Board officials Sean Devlin and Wendell Barbour testified that they could identify the ballot and they did.
— Reema Amin (@reemadamin) December 20, 2017
If the judge accepts the ballot and we have a straight tie, the State Board of Elections would basically draw a name out of a hat to decide the winnerhttps://t.co/u99RgzJRmR
— Graham Moomaw (@gmoomaw) December 20, 2017
So here is weirdness in Virginia law. The loser of an election decided by lot can ask for a recount. So, there could be a 2nd recount?
Any person who loses the determination by lot may petition for a recount pursuant to Article 1 (§ 24.2-800 et seq.) of Chapter 8 of this title.
— Michael McDonald (@ElectProject) December 20, 2017
Court is back in recess. Going back now.
— Reema Amin (@reemadamin) December 20, 2017
Dem lawyers argue that if a ballot is contested on recount day, it must be segregated and sealed from others. That’s not what happened here. GOP lawyers say it’s obvious from the letter which ballot it is, and it was paperclipped with two other bad ballots.
— Reema Amin (@reemadamin) December 20, 2017
Court agreed to open the box and look at the ballot. Box was opened and GOP lawyers believe they’ve found the one — paperclipped with two other ballots on the top of the stack. But now Dem lawyers are saying there’s no way to be sure THAT’S the one.
— Reema Amin (@reemadamin) December 20, 2017
“I admit being swayed by Michael’s argument, but also that I felt hurried to move on to proceed.” This apparently happened after lawyers on both sides got into a brief shouting match over whether an observer could speak.
— Reema Amin (@reemadamin) December 20, 2017
Dem lawyer says the recount process is over and that it’s too late to consider this letter.
— Reema Amin (@reemadamin) December 20, 2017
Dem lawyer says the recount process is over and that it’s too late to consider this letter.
— Reema Amin (@reemadamin) December 20, 2017
The ballot came from the Warwick precinct. He claims it was marked in for R candidates for AG, Governor and LG, then both 94th candidates with a slash through Simonds’ name. He says his recount colleague on his team — a Dem — convinced him it could not be counted.
— Reema Amin (@reemadamin) December 20, 2017
If this were to end in a tie, the election would proceed to a hearing at the State Board of Elections where a winner would be drawn from names in a bowl- the same way they pick which party is first on ballot each year.
— (((Ben Tribbett))) (@notlarrysabato) December 20, 2017
If this is what the ballot says, then we are going to be tied 11,608-11,608.https://t.co/GdtACSUPVD
— (((Ben Tribbett))) (@notlarrysabato) December 20, 2017
This is accurate. We have asked the court to look at an uncounted ballot (an over vote) that we believe should count for Yancey. It is NOT a Simonds vote that we are trying to flip, as some have reported. https://t.co/UDE8wxHPtn
— Matthew Moran (@mmoran0226) December 20, 2017
Per Matt Moran just now an uncounted Vote. Not a Simonds ballot. Worst case scenario (for Dems) tie
— (((Marcus Simon))) (@marcussimon) December 20, 2017
BREAKING: YANCEY CAMPAIGN CLAIMING ONE VOTE FOR HIM WAS COUNTED FOR SIMONDS. WOULD SWING HOUSE BACK TO GOP BY ONE VOTE. JUDGES TO DECIDE TODAY.https://t.co/sDvbe38l4a
— (((Ben Tribbett))) (@notlarrysabato) December 20, 2017
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