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Virginia Democrat asks court to reconsider decision to declare House race a tie
New York Daily News ^ | Tuesday, December 26, 2017 | Elizabeth Elizalde

Posted on 12/26/2017 4:35:03 PM PST by nickcarraway

A Virginia Democrat running for a seat in the state’s House of Delegates against her Republican opponent filed a motion Tuesday asking a court to reconsider its decision to tie the race.

A recount appeared to declare candidate Shelly Simonds victorious over Republican delegate David Yancey by one vote last week. But a day later, a three-judge panel certified the tie with 11,608 to 11,608 in the 94th District in Newport News.

Now, she’s arguing that the court failed to follow state election rules after a controversial vote was counted to tie the race.

The Virginia State Board of Elections plans to break the tie by picking the candidates' names out of a bowl on Wednesday. The first name pulled out of the bowl would be declared the winner.

Simonds’ campaign has also requested the drawing be delayed so it can convince the court that the vote should not be counted.

MANDATORY CREDIT; A DEC. 20, 2017, FILE PHOTO Simonds is running againt Republican Del. David Yancey. (JONATHON GRUENKE/AP) “At the end of the day, this is really about the integrity of elections in Virginia,” Simonds said in a conference call with reporters.

James Alcorn, chair of the Virginia State Board of Elections Chair, told CNN the board is looking into the situation.

Virginia’s House would be evenly split between Democrats and Republicans if Simonds is declared the winner.


TOPICS: Extended News; Government; News/Current Events; US: Virginia
KEYWORDS: 94thdistrict; newportnews; va2017; vageneralassembly; virginia

1 posted on 12/26/2017 4:35:03 PM PST by nickcarraway
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To: nickcarraway

A recount must be held, recounting over and over until the Democrat wins.

Nothing else will be democratic.


2 posted on 12/26/2017 4:41:35 PM PST by Balding_Eagle ( The Great Wall of Trump ---- 100% sealing of the border. Coming soon.)
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To: Balding_Eagle

Count and recount and recount until the DemocRat is ahead. Then shut down the count and declare the DemocRat the winner. That is always their strategy in a close election.


3 posted on 12/26/2017 4:47:05 PM PST by Blood of Tyrants (Conservatives love America for what it is. Liberals hate America for the same reason.)
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To: nickcarraway

Shelly Simonds believes like most democrats, she believes she should get the job if she deserves it or not.


4 posted on 12/26/2017 4:54:49 PM PST by boycott
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To: boycott

She is not going to get it. F her.


5 posted on 12/26/2017 4:56:44 PM PST by DarthVader ("The biggest misconception on Free Republic is that the Deep State is invulnerable")
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To: DarthVader

Let’s hope not. We’ve got to run these rats out of the swamp.


6 posted on 12/26/2017 4:58:03 PM PST by boycott
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To: boycott

It is not the Democrats day anymore. The worm has turned in the Force.


7 posted on 12/26/2017 4:59:18 PM PST by DarthVader ("The biggest misconception on Free Republic is that the Deep State is invulnerable")
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To: nickcarraway

Democrats stealing elections. In other news, the sun rose and the wind blew.


8 posted on 12/26/2017 5:01:16 PM PST by Tolerance Sucks Rocks (Women prefer men with money and muscles. DUH!)
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To: nickcarraway

“At the end of the day, this is really about the integrity of elections in Virginia,” Simonds said in a conference call with reporters.
.
.

Then you should concede, because the one ballot that put you up one vote was clearly meant for the R. But since nobody can agree with that it has to be tossed, hence a tie.

Stop bitching, you fraudster.


9 posted on 12/26/2017 5:01:31 PM PST by snarkytart
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To: boycott

Good news here on one:

http://www.freerepublic.com/focus/f-news/3617081/posts


10 posted on 12/26/2017 5:02:43 PM PST by DarthVader ("The biggest misconception on Free Republic is that the Deep State is invulnerable")
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To: DarthVader

What do they do in a tie? Vote over?


11 posted on 12/26/2017 5:05:21 PM PST by boycott
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To: boycott

They are going to choose lots. I prefer a do over vote.


12 posted on 12/26/2017 5:06:29 PM PST by DarthVader ("The biggest misconception on Free Republic is that the Deep State is invulnerable")
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To: DarthVader

Dueling pistols, the looser will never be heard from again!


13 posted on 12/26/2017 5:15:55 PM PST by vette6387
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To: nickcarraway

The word disgrace just has meaning anymore as it is the new normal.


14 posted on 12/26/2017 5:30:42 PM PST by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
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To: vette6387

Thunderdome. Two enter one leaves!


15 posted on 12/26/2017 5:32:36 PM PST by DarthVader ("The biggest misconception on Free Republic is that the Deep State is invulnerable")
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To: nickcarraway

If Miss Dem wants to reopen the case, I demand that a REAL recount take place, from the ground up, with an examination of each vote and voter — not one of these retotaling the precinct totals farces.

Did the actual registered voter cast the vote in every case? Were they legally entitled to vote in the district? Were they legally registered? Were the votes cast at the right time? Any votes by “un-MacAuliffed” felons and/or illegal aliens? Were all the Absentee ballots counted, even the ones from conservative military personnel? Were any late-arriving military votes thrown out that shouldn’t have been? Were absentee voters checked out to make sure they were compos mentis and no one “voted for them”?

With a one vote margin, the chance that every single vote was legitimate is practically nil. If she has confidence in the integrity of her own votes, she should jump at the chance for a vote by vote investigation by True the Vote, with some communist observers if she desires. I bet she lost by hundreds of votes at minimum, once illegal votes are excluded.


16 posted on 12/26/2017 5:51:18 PM PST by Chewbarkah
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To: Chewbarkah

>>>If Miss Dem wants to reopen the case, I demand that a REAL recount take place, from the ground up, with an examination of each vote and voter — not one of these retotaling the precinct totals farces.

We vote by secret ballot in this country. How do you propose we tie votes to voters in a recount.


17 posted on 12/26/2017 6:15:21 PM PST by oincobx
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To: boycott
If it’s a tie, they pull a name out of a barrel (no joke).

In any case this suit could drag on for months. Assembly will likely open 50/49 GOP, so they get to name all the committee leads.

18 posted on 12/26/2017 6:33:47 PM PST by 11th_VA
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To: oincobx

I don’t think that is possible or desirable. The court’s role should be limited to finding whether the process was a) clean or b) tainted by fraud or error. If tainted, a do-over should be the only remedy — not games of chance. Proving that all the votes were legit and counted as cast is impossible; but, developing evidence of sufficient irregularities to potentially change the outcome would be doable and definitive. Therefore, I’d want to see independent verification of credentials for all (or at least many) who cast votes, and whether any “voters” who “signed in” deny actually voting (my suspicion being that corrupt insiders sometimes gin up absentee ballots, steer cheats to cast votes for those unlikely to show up, or cast some ballots themselves and doctor the rolls. I find it impossible to believe that zero votes were cast by unqualified voters, identity fraudsters, nursing home ghouls, etc., and that all absentee votes that should have been counted really were.


19 posted on 12/26/2017 8:15:59 PM PST by Chewbarkah
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