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TODAY at 4:30 p.m.: Federal Court to Hear Case Brought by Voters in HD-28’s “Irreparably Tainted” Election

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From the VA House Democratic caucus:

*TODAY at 4:30 p.m.*: Federal Court to Hear Case Brought by Voters in HD-28’s “Irreparably Tainted” Election

The U.S. District Court for the Eastern District of Virginia will today hold a hearing in Lecky v. State Board of Elections, a federal case brought by disenfranchised voters from House District 28.

The voters are seeking an injunction that would de-certify the results and order a new election.

The hearing will be at 4:30 p.m. at the federal courthouse at 401 Courthouse Square in Alexandria.

By admission of the Department of Elections, 147 people were given ballots for the wrong House District in race in which the margin between Democrat Rev. Joshua Cole and Republican Bob Thomas is only 73 votes.

Of the 147 people who voted in the wrong House District:

  • 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

According to an investigative report broken this week by WTOP, state officials were aware of prior problems with voters who were assigned to the wrong House Districts. 

The Washington Post and Daily Press editorial boards have both called for a new election in HD-28, with the Post noting that the results are “irreparably tainted.” 

Cole is the first African-American to be named the Democratic nominee for the 28th House District. He has noted that this case is “brought by voters, for voters” and that his entire campaign “has been about fighting for the people of the 28th District.”