RICHMOND, Va. (WRIC) — On Monday, the Virginia State Board of Elections certified results in two House of Delegates races in the Fredericksburg area — HD-28 and HD-88.
House Republicans say they are “pleased” with the unanimous vote, but are disappointed it took the board more than a week. The board postponed its previously-scheduled meeting until after the Thanksgiving holiday.
Monday’s decision comes despite the Department of Elections noting 384 voters are believed to be assigned to the wrong district and that at least 147 actually voted in the wrong race during the General Election.
“How that happened or why that happened remains unclear. What is clear is that it did happen,” said State Board of Elections chair James Alcorn. “What’s equally clear is that this board does not have any statutory remedy to address the irregularities.”
Lawyers for the Virginia House Democratic Caucus sent a letter to the board ahead of Monday’s meeting saying the board could not certify votes they knew to be incorrect.
But the board said it determined certification was the right move on its end.
“All three of us sitting up here understand there were quite a few irregularities with this election,” said Alcorn. “But this board does not have the authority to issue the appropriate remedies.”
Vice Chair Clara Belle Wheeler said the board fulfilled its obligation according to the code.
“There’s a difference between administrative protocol and code protocol,” she said.
Wheeler said there are only two remedies for the “irregularities” — the court system or the General Assembly.
As it stands now, the balance of the 100-member House remains 51 Republicans and 49 Democrats.
Now that votes are certified, recounts could be on the way. Losing candidates have 10 days to make a formal request for recount.
“I think we’re going to see pleadings in both state and federal court,” said Alcorn.
House Democrats said in a statement Monday they are still determining their next move.