Home 2017 Races Joshua Cole Campaign Files Federal Lawsuit to Demand 55 Ballots Be Counted

Joshua Cole Campaign Files Federal Lawsuit to Demand 55 Ballots Be Counted

920
2
SHARE

From the VA House Democratic Caucus:

Joshua Cole Campaign Files Federal Lawsuit to Demand 55 Ballots Be Counted

The Virginia House Democratic Caucus today issued the following statement from our attorney Marc Elias in light of today’s meeting of the Stafford County Board of Elections:

“We are disappointed with today’s decision of the Stafford County Electoral Board not to count the 55 absentee ballots erroneously excluded from this year’s election results. As a result, we have filed suit on behalf of the Joshua Cole campaign in the Federal Court in Alexandria to demand these lawful voters’ ballots be counted in accordance with the law and U.S. Constitution.”

  • old_redneck

    Prediction: The Virginia House Democratic Caucus will lose their suit. Because:

    — Virginia election law states absentee ballots must be in the hands of the Regitrar or the Electoral Board BEFORE the polls close on Election DAy — that is, 7:00 PM, Tuesday.
    — The Registrar either picked up, or, the PO delivered to him, all the absentee ballots in the PO at the time to PO closed late Tuesday afternoon.
    — There were no more mail deliveries to the PO until sometime Wednesday morning.
    — The 55 ballots in question were delivered to the PO AFTER the polls closed, thus, they were delivered to the Registrar long after the polls closed; therefore, the 55 ballots are not valid.

    I’m the secretary of our county Electoral Board. It is not unusual to have a few absentee ballots dribble in days after the polls close. They are not counted.

    • Perseus1986

      How can you have the responsibility of the ballot arriving on time be solely on the voter? There is nothing the voter can do other than send his or her ballot out at a time when they think it will arrive on time. Voters can’t control all the different variables that exist in delivering mail to its intended recipient. Under this practice, two voters can send their ballots out at the exact same second, and one would be received and counted while the other could not be.