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    Thursday, December 28, 2017

    GOP Tries To Steal The Election In Virginia To Maintain Their Own Power

    I was disappointed to see that this Washington Post piece as well as Chris Hayes and Joy Reid last night really mischaracterized the nature of Shelly Simonds motion to have the Newport News Circuit Court reconsider their decision about a single ballot that would force the control of the Virginia House of Delegates to be decided by a drawing of names.  All three made it seem as though the issue was just about divining the intention of the voter on a single ballot. It is not. It is really just another attempt by the Republican party to get by other means what they could not win at the ballot box.

    The ballot in question was originally determined to be an overvote during the recount and, as such, the ballot was not counted. That decision was not challenged by Republican recount observers at the time. It was only the day after the recount determined that Simonds had won by a single vote that a Republican observer decided that perhaps that vote should be challenged after all. As Simonds attorney says, the Circuit Court's decision to override the decision of the recount process and award that ballot to Simonds' opponent "sets the precedent that any party to a recount who is not satisfied with the results can wait until after the recount is complete to embark on a fishing expedition to seek out election officials who can be persuaded to challenge a sufficient number of ballots to change the result. Permitting such late challenges encourages meritless ballot challenges conjured up by recount lawyers and candidates instead of challenges that are properly made by election officials who disagree about or cannot decide how to treat a ballot during the recount."

    The ballot in question was never under dispute during the recount process. The Republican recount officials and observers had ample opportunity to challenge this ballot during that process. They did not. It was only after the election that they decided to go fishing for a ballot that they might persuade a court to change in order to win the election that they had lost under the existing rules. And Simonds' lawyer point about precedence is especially powerful. Pushed to its logical conclusion, this decision will eventually force courts to rule on virtually every ballot during a recount. And there is nothing to prevent Simonds from fishing around for a similar ballot if this decision is upheld.

    For Republicans these days, the idea of suffrage is purely transactional. Extreme gerrymandering and voter suppression are just part of the tools the GOP uses to pervert the democratic process. From the Brooks Brothers riot to this latest suit in Virginia, Republicans have continually shown they have no commitment to our democracy, only to maintaining their own power.


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