Just when you think the election of 2017 is finally over, it pops back up again. The decision made by Judge Ellis on Friday to not order a re-do of the election in the 28th district is being appealed by a group of voters who say they were disenfranchized. From the Richmond Times-Dispatch:
House Democrats said Sunday that Kenneth and D.D. Lecky of Fredericksburg, two of the 147 voters, will appeal the judge’s decision to the 4th U.S. Circuit Court of Appeals. A Democratic fundraising pitch sent Sunday afternoon said a third voter, Phil Ridderhoff, also is part of the appeal.
“With the serious errors in this election and a margin this narrow, there is no way to determine the rightful winner of this election,” said Democratic lawyer Marc Elias of Perkins Coie, who is representing the voters. “We can’t say in Virginia that every vote counts and then tell 147 people ‘except yours.’ ”
Republicans in the House of Delegates will proceed as planned when the House convenes on Wednesday.
“This is a last-ditch effort by Democrats that will fail just like every other legal challenge they’ve brought since Election Day,” (Kirk) Cox communications director Parker Slaybaugh said Sunday.
“We believe Judge Ellis’ decision was the correct one, and we look forward to seeing Delegate-elect Bob Thomas sworn in on Wednesday.”
That brings up a question: have all the absentee ballots from deployed military been counted, statewide? dems tend to dismiss those, every chance they get.
Perkins Coie -where have we heard that name……?
Need a good Facebook lawyer – the Judge didn’t actually close the case – he left the case open to allow the plaintiffs to provide more credible evidence. He even went on to say the defendant could file a motion to dismiss. With the case not closed by the judge and a motion to dismissed not filed, can the plaintiff’s actually appeal the “ruling”.