Power Shift in Virginia

[sr71plt]

A recount from the November House of Delegate election in Virginia today moved the win from the Republican to the Democrat by one vote, and the win by the Democrat equalized the split in the House of Delegates as a whole (and the lieutenant governor, who has the tie-breaking vote, is also a Democratic win from November). So, the power in the Virginia House of Delegates has shifted from the Republicans to the Democrats on the strength of one vote in one district. Before, the Republicans comfortably controlled the House of Delegates.

https://www.msn.com/en-us/news/poli...le-vote/ar-BBH2CbV?li=BBmkt5R&ocid=spartanntp

 

[Hypoxia]

Before the election, seats were 66(R) and 34(D). Now they're 50-50 and, as you said, effectively 51(D) to 50(R). Big change! But how often will votes be strictly party-line?

 

[Bramblethorn]

Judges just ruled that a ballot which had previously been not counted should be taken as a vote for Yancey (R) so now it's a tie:

https://www.washingtonpost.com/loca...ac0fd7f097e_story.html?utm_term=.e9adb4bae824

 

[sr71plt]

Thanks for citing that. Isn't this fun? (especially for me, as I'm in Virginia).

 

[someoneyouknow]

It should be noted this change was only possible because there was a physical ballot to count. This is absolute proof of how someone voted.

Unlike in Georgia where secrecy abounds at how electronic ballots are tabulated, where one person is given the memory cards from the electronic voting machines and charged with delivering them to a central location for counting. Because there's no way memory cards could be switched in transit.

Based on the following, one would have to presume Georgia is a third world country.

https://www.bloomberg.com/view/articles/2017-12-18/georgia-s-election-system-can-t-be-trusted

 

[sr71plt]

Virginia only recently switched back to paper ballots. I was an election official for several years. We had the Diebold machines.

 

[Bramblethorn]

It should be noted this change was only possible because there was a physical ballot to count. This is absolute proof of how someone voted.

We had an incident a few years back where somebody lost a box containing more than a thousand paper ballots (seems to have quite literally fallen off the back of a truck in transit), and the West Australian Senate election had to be rerun.

Obviously a major screw-up, and some people were taking this as an argument for electronic ballots instead... but at least with a physical ballot it's obvious that it's missing.

 

[JackLuis]

VA delegate winner rips Republican incumbent’s ‘political stunt’ for convincing judge to overturn one-vote victory

Look at "the Ballot" and it is indeed 'spoiled'.

The deciding ballot, as pictured above, shows both the ovals next to both Simonds and David Yancey, her Republican opponent, filled in. The oval next to Simonds’ name is crossed out, leading the three-judge panel who reviewed it to call it a vote for the Republican incumbent Yancey.

“It was really very unfair that the judges looked at one ballot that my opponents’ team had pulled out,” Simonds said.

Dumb Virginian!

 

[Hypoxia]

VA delegate winner rips Republican incumbent’s ‘political stunt’ for convincing judge to overturn one-vote victory

Look at "the Ballot" and it is indeed 'spoiled'.

Was it spoiled BEFORE or AFTER the recount? The (R) fill-in doesn't look like all the other ballot fill-ins. Has anyone chemically analyzed the markings to see if they're the same material (ink or graphite, I'm not sure)?

Also, if a ballot really is 'spoiled', should it not be thrown out? Then the (D) would win. Can't have that, can we? Especially not with a panel of (R) judges deciding.

 

[someoneyouknow]

Something to be noted. In Virginia election law, there is a clause which states if two candidates are indicated on a ballot by an identifying mark, and there is an additional identifying mark indicating one of the candidates is preferred, it is considered a valid vote for that candidate.

The actual wording:

5) Any ballot which is marked for more than one candidate for the office shall be deemed an overvote and no vote shall be counted except as provided in this section.​

If there are identical marks for two or more candidates, clarified by an additional mark or marks that appear to indicate support, the ballot shall be counted as a vote for the candidate with the additional, clarifying marks.​

Page 5 and 6 of the following:

https://www.elections.virginia.gov/Files/ElectionAdministration/ElectionLaw/ExamplesforHandcounting.pdf

In other words, it was anticipated that someone may inadvertently select two candidates for the same office when only one can be chosen, and rather than void the vote or the entire ballot, the person is allowed to correct their mistake. As you will note, the above document gives examples for each description.

In this case, if the person who voted made an additional mark to indicate their preferred candidate, it is a valid vote.

 

[someoneyouknow]

Well folks, now everything's on hold. After winning the election by ten votes, then by one vote, then having a tie after a ballot was reclassified as valid, Shelly Simonds filed a motion asking a trio of circuit court judges to reconsider their decision to allow a controversial ballot to be counted as a vote cast for her Republican opponent David Yancey.

James Alcorn, the chairman of the Virginia Board of Elections, explained the decision on Twitter, saying, "After receiving notice of the pending litigation concerning the HD94 election, we have decided to postpone tomorrow's planned drawing."

"While our planned drawing for tomorrow was in full compliance with the Code of Virginia, neutral election administrators should not be choosing election winners -- or influencing the next Speaker of the House," he continued. "Drawing names is an action of last resort. Any substantive concerns regarding the election or recount should be resolved before a random drawing is conducted. This will best serve the voters of HD94 and the rest of the Commonwealth."

http://www.cnn.com/2017/12/26/politics/shelly-simonds-david-yancey-virginia-tiebreaker/index.html