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Tuesday, November 08, 2005

VA-Gov: Recount Watch

Posted by DavidNYC

Hotline tells us to be on the alert for a possible recount in Virginia. This is what VA law - which is mercifully clear - says about recounts:

When there is between any candidate apparently nominated or elected and any candidate apparently defeated a difference of not more than one percent of the total vote cast for the two such candidates as determined by the State Board or the electoral board, the defeated candidate may appeal from the determination of the State Board or the electoral board for a recount of the vote as set forth in this article. (Emphasis added.)

Va. Code Ann. § 24.2-800.B (2005). The wording here is interesting, though. It talks about the total vote cast between two candidates - the putative winner and the aggrieved challenger. It does NOT look at the entire vote cast in the election. This adds a wrinkle because of Russell Potts.

Let's say the final tally is 48.5 Kaine, 47.5 Kilgore, 4 to Potts and other candidates. The final margin is 1%, so that means Kilgore can ask for a recount, right? Not so fast. As between Kaine and Kilgore, the margin is actually 50.52 to 49.48. Ouch! Kilgore misses a chance at a recount by four-hundredths of a percent. Granted, this is a pretty unlikely scenario, and this twist is only likely to come into play if you have a serious third-party challenger pulling in double digits.

I don't think it'll come to a recount anyhow - at least, I sure as hell hope it doesn't. But if it does, I'm sure I'll wind up heading over the river into VA with a whole passel of other law students and lawyers.

Posted at 04:13 PM in 2005 Elections, Virginia | Technorati

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Has any exit poll information been made available for either of the races? After 2004, I almost hope there isn't. Nothing worse than prematurely popping the champagne corks and then having to pour it down the toilet.

Posted by: Mark [TypeKey Profile Page] at November 8, 2005 04:37 PM | Permalink | Edit Comment | Delete Comment