Home 2017 Races Excellent Talking Points for Virginia’s HD-28 and HD-94

Excellent Talking Points for Virginia’s HD-28 and HD-94


Excellent HD-94 (Democrat Shelly Simonds vs. Republican David Yancey) and HD-28 (Democrat Joshua Cole vs. Republican Bob Thomas) talking points, courtesy of Women’s March 2017 Northern Virginia coordinator and Virginia Democratic activist Stair Calhoun:

● Delegate-elect Shelly Simonds was the rightful winner in HD-94, having won by one vote.
● Both a Democrat and a Republican reviewed every ballot in question, and both the Democratic and the Republican observers signed a statement affirming to the elections board that the election result was accurate. Republican leadership put out a press release conceding to Shelly Simonds.
● The process worked the way it was supposed to work, with Republican observer Stephen Klute telling the Washington Post, “the process appeared good,” He said he accepted the outcome. “Got to,” Klute said. “It’s the American way. The system works. So be it.”
● Because there were no challenged ballots (ballots on which Democrats and Republicans disagreed) the court hearing was supposed to be a formality.
● Not liking the result, Delegate David Yancey pulled a stunt that broke recount rules and tried to relitigate a ballot outside the recount process. If the ruling is allowed to stand, the recount process will be broken for all future elections. The integrity of the recount process is at stake.
● If asked whether ballot should have counted, stress that the court never should have reviewed the ballot after the fact in the first place, but that it definitely was an overvote. Furthermore, there were other ballots that required interpretation that we could go back and re-litigate, but we were not afforded that opportunity in court and besides, that’s not how the process works.

HD-28 Talking Points (Rev. Joshua Cole v. Bob Thomas)
· The Virginia Department of Elections issued a report stating that 147 people received ballots for the wrong House District in the HD-28 race.
– 61 people from HD-28 were given ballots for HD-88
– 61 people from HD-88 were given ballots for HD-28
– 25 people from HD-28 were given ballots for HD-2
[Please note we have no evidence that this was anything other than a mistake. Also note that HD-28 was the only district affected where the margin was small enough that it would have mattered].
· The margin in this race, after a recount, is only 73 votes, less than half the number of voters who were disenfranchised in this race.
· Both the Washington Post and the Daily Press editorial boards have called for new elections, with the Washington Post calling this election “Irreparably tainted”
· Disenfranchised Voters have brought forth a federal lawsuit asking for a new election. There will be hearing in that case on Jan. 5 in Alexandria.
· Joshua Cole will not seek a contested election in the House of Delegates because 100 people should not decide who is to represent the people of the 28th District. Joshua’s whole campaign has been about fighting for the people.
· The integrity of Virginia elections is at stake in both of these two races, which will determine control of the House of Delegates and whether 400,000 people can get access to affordable health care.

  • House Dems Respond to Desperate GOP Efforts to Hang on to Majority

    The Virginia House Democratic Caucus today issued the following statement on HD-94 from communications director Katie Baker:

    “We thought this election was over on Dec. 19 when House Republicans issued a statement conceding that Shelly Simonds had won by one vote following a citizen-led recount. The statement also conceded their majority and offered encouraging language about a power-sharing agreement.

    “But then the Yancey team realized they didn’t like the results, so they decided to manipulate the process in a desperate effort to change the outcome and steal the election.

    “Furthermore, we find the circumstances surrounding the letter written by recount official Kenneth Mallory highly suspect and have yet to hear clear answers from the Yancey legal team as to their role in its creation. We are incredulous that Delegate Yancey had no knowledge of this letter even though he showed up at the court hearing that was supposed to be a formality.

    “In any event, Shelly Simonds was the elected winner following the recount on Dec. 19, which the Republicans have been trying ever since to undo. The court erred both in admitting the ballot for consideration, which broke the rules of the citizen-led recount process, as well as in counting the ballot for Yancey, which, according to guidelines from the State Board of Elections, had already been accurately classified as an overvote by both the Democratic and the Republican observers.

    “However, we empathize with the court as the Yancey team gave no notice of their plan to re-litigate a ballot that should not have been admitted in the first place, nor did they submit written arguments for the court to review. We look forward to the court’s response.

    “Finally, we find it disappointing that that House Republicans are using the inaugural festivities as a smokescreen to hang on to power. However, nothing could be more transparent than Delegate Cox’s decision to re-adopt the term ‘speaker-designee.’ Even the Richmond Times-Dispatch Editorial Board has warned that Republicans can’t reclaim a high ground ‘if they hold onto their last vestige of power in state government like a snarling dog that won’t let go of a bone.’”

  • And we’re back on for the drawing of a film canister from a glass bowl…


  • Scooteristi

    If we know which 147 people received the wrong ballots in HD-28 then why not hold a special election for just those folks and have them revote rather than holding an entirely new election?

    • Mark

      Because 61 improper votes were mixed in with the legitimate ones. Are we going to ask 61 voters what their votes were, knowing that if they tell the truth their votes will be SUBTRACTED from the result?

      They would have every incentive to lie.