State Board of Elections Certifies Controversial 28th HOD Results, Recounts May Be Next
With the threat of lawsuits, accusations of stolen elections, and lingering questions about the November 7 election results, the State Board of Elections moved forward Monday when the three-member board voted unanimously to certify the 28th and 88th House District election results:
Virginia’s State Board of Elections on Monday certified the results of two Fredericksburg-area House of Delegates elections, despite Democrats asking the board to delay the process because 147 people voted in the wrong House district.
The elections board’s 3-0 vote to certify the results showing Republicans winning the 28th and 88th District races does not finalize the outcome. But it closes an initial, chaotic chapter in the legal battle over a close 28th District race that could decide which party controls the House after Democrats picked up at least 15 seats in a wave election on Nov. 7.
In the 28th District, Republican Bob Thomas leads Democrat Joshua Cole by just 82 votes. Democrats who appear to be on the losing end in the 28th and a handful of other tight finishes can still pursue recounts or contest the final results at the General Assembly. Under state law, recounts cannot begin until the elections board certifies the results as official.
Republicans are clinging to a razor thin 51-49 majority in the Virginia House of Delegates while Democrats hoped to make it at least a 50-50 split for control. As the House GOP caucus moved ahead in preparation for the upcoming 2018 General Assembly session by electing their leadership, the possibility of recounts lingers for several close races.
The deadline to contest election results is Thursday.
Democrats still have an opportunity to move ahead in the delegate count and share power or even move to their own 51-49 majority with two races that stand a good chance of going to recount. Newport News’ 90th House District where Republican incumbent Delegate David Yancey has a 10-vote lead over Democrat Shelly Simonds, and the 40th House District in Fairfax where Republican incumbent Delegate Tim Hugo leads Democrat Donte Tanner by 106 votes.
The GOP is still reeling from its heavy losses on November 7 when all three statewide candidates lost, and fifteen delegates saw their House seats turn over to motivated Democrats, in many cases due to Republican Donald Trump in the White House. The determination of women voters from all sides of the political aisle was a driving force in the Democratic tsunami.
After comfortably holding the majority with a 66-34 membership, Republicans missed what was coming and, even though the GOP base turned out on November 7, there were even more voters motivated to make sure they got to the polls to vote for Democrats.
As the Democratically-controlled SBE wrangled over what to do about the irregularities of the 28th House District by postponing certification, the Republican Party of Virginia’s political director John Vick got into the fray by sending an RPV email accusing Democrats of attempting to “steal an election.”
On Monday after the State Board of Elections’ vote, House of Delegates Speaker-designee Kirk Cox released the following statement:
“We are pleased the State Board of Elections finally fulfilled its statutory duty and unanimously certified the election results in House Districts 28 and 88, but are disappointed it took over a week, a strong signal from a federal judge, and the threat of a state suit to get them to act. With this step, we can now proceed to handling any other questions through the proper venues outlined in state law, as members of State Board said multiple times today.
“Dragging this process out has only prolonged the important work that remains to be done by both sides in preparation for the 2018 General Assembly Session. We stand ready to govern and pass legislation that will help fight the opioid epidemic, improve our schools, and help the middle class get ahead.”
It remains now to untangle the confusion of voters assigned to the wrong district.
