Friday, December 6, 2013

Three-Judge recount panel to convene Monday in Richmond

Sen. Mark Obenshain (R)

Sen. Mark Obenshain (R)

The full three-judge Court will convene Monday, December 9 at 1:00 p.m. to dispose of any motions and to set the procedural rules for the recount. The preliminary hearing was held on Wednesday, December 4 before The Honorable Beverly W. Snukals. The preliminary order delivered yesterday is available online at this link.  The petitioners motion regarding outstanding procedural issues filed today by Mark Obenshain is available at this linkJudge Snukals ordered the recount to begin in Fairfax on Monday, Dec. 16 and in the rest of the state on Tuesday, Dec. 17.

The Chief Justice of the Supreme Court of Virginia has designated a three-judge panel to oversee the recount:
  • The Honorable Junius P. Fulton, III, Judge of the Fourth Judicial Circuit
  • The Honorable Joseph W. Milam, Jr., Judge of the Twenty-second Judicial Circuit
  • The Honorable Beverly W. Snukals, Judge of the Thirteenth Judicial Circuit, designated Chief Judge in place of Chief Judge Bradley B. Cavedo

The Obenshain legal team is represented by William H. Hurd, Stephen C. Piepgrass and Anne Hampton Andrews.

Monday, Dec. 9 — 1:00 p.m.

Full three-judge Court convenes to dispose of any motions and to set the procedural rules for the recount in Richmond Circuit Court — Courtroom 311, 400 North 9th Street. 

The Virginia Public Access Project estimates that approximately 712,000 optical scan ballots (not including provisional and absentee ballots) will need to be re-run as part of the recount.  Update: Scope of Potential Recount, Virginia Public Access Project (Nov. 25, 2013),

Observers from both political parties estimate that there are thousands of votes in the undervote/overvote category in the 2013 election that now will be counted as part of the recount.  See, e.g., Kenric Ward, Deeds legislation could wipe out Herring’s lead in AG race, Watchdog.org (Nov. 25, 2013); Ben Tribbett, 25,000-50,000 AG Ballots Still Left To Be Counted, Not Larry Sabato, (Nov. 25, 2013).

Posted By Valerie Garner

Categories: Election 2013, Election 2014, Elections, Politics, State Politics

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