Home 2017 Races It Ain’t Over ‘Til It’s Over: HD-94 Winner Still May Be in...

It Ain’t Over ‘Til It’s Over: HD-94 Winner Still May Be in Doubt?!? [UPDATE: Race Tied AGAIN]


What makes me even more nervous here is that all these judges were appointed by a Republican-controlled legislature…

  • Del. Mark Levine: “So even though Republicans contested NO ballots during the recount yesterday, once they discovered they lost by one vote, they CHANGED THEIR MIND. They are now challenging one ballot, cast for both candidates with a slash through Simonds, saying it should be for Yancey.

    If this observer — who personally agreed yesterday that this ballot could not be counted and signed off on it — is allowed to change his mind and the court accepts the argument, that would make the count a TIE, with the winner (and the fate of the House of Delegates) to be decided by lot.

    Stay tuned.”

    • Chris

      I’m really interested in this one. The state’s guidelines are clear that a single mark through a name does not constitute a valid vote, because you can’t tell if the voter meant to vote FOR or AGAINST that name.

      In this case (as I understand it), Rs are arguing that because the two HOD candidates both had their bubbles filed in and this mark was in addition, you can tell that it is a negative, not positive mark. As further evidence, all other offices were all filed in for R candidates.

      Is that enough to overcome the default assumption that a mark through a name is ambiguous?

      • Kenneth Ferland

        No, because you don’t know the order that the marks are made. And the ballot already clearly contains example of similar extra marks which are affirmative for the gubernatorial race.

  • sjberke1

    The fairest thing would be to rerun the election, but apparently for that to happen under current law both candidates would have to agree that whoever ‘won’ the coin flip would resign as soon as sworn in in January (and then we can’t be sure how soon an election could be held).


    This is a tough one, because I think we should try and count every vote. But, it wasn’t challenged at the time, and not placed in a sealed envelope to ensure that it wasn’t counted. And, assuming this is the right one, what does a line drawn through the name mean after both bubbles are filled in. Did it mean not this candidate, or yes this candidate. It would have been better if the voter had just drawn a circle around the candidate they actually supported. I don’t think we can assume that the voter meant to vote for a Republican delegate just because they voted for Republican candidates for State-wide office. I’d appeal this if I were the Democrats, but we’ve still got a 50/50 shot of winning the lottery.

  • House Dems’ Statement on Erroneous Court Ruling in HD-94

    NEWPORT NEWS, Va. – The Virginia House Democratic Caucus today issued the following statement from our attorney Marc Elias in response to today’s erroneous ruling by the Newport News Circuit Court:

    “Today’s decision by the court was wrong, and Delegate-elect Shelly Simonds should have been certified the winner. We are currently assessing all legal options before us as we fight for a just result.

    “The Republicans themselves had affirmed that this result was accurate yesterday before changing their minds today. After conceding this seat and their majority, they are now desperately trying to claw both back ‘like a snarling dog that won’t let go of a bone.’”


    Does the line drawn through the bubble mean “I vote for Simmonds, just like my x over the Gillespie bubble”, or “sorry, don’t count this bubble. This is just too ambiguous– they were right not to count it yesterday. As usual, Republicans are world class pricks, and I actually thought they were trying to be fair. When will I learn.

  • Kindler

    This ballot is too ambiguous to decide an election on. The judges’ job is to decide if the recount followed legal processes appropriately, not to reopen the facts of the case and decide them on their own.

    Just one more example of how Republicans play the power game to win, while too many Dems are just playing for the participation trophy.

  • woodrowfan

    why wasn’t this ballot kicked out by the scanner and the voter given a new ballot>??? I’m a precinct chief and I have given new ballots to many voters who did something like this. You VOID the old ballot , then give them a new one.

    (I think it was a vote for Yancey, but if the guidelines say the vote should not be counted, then it should NOT be counted. )