Voters appeal ruling in 28th House District case

virginia general assemblyDisenfranchised voters today announced they will appeal a federal district court’s decision denying their request for an injunction that would de-certify the results and order a new election in HD-28.

Kenneth and D.D. Lecky of Fredericksburg were among 147 voters given ballots for the wrong House District in a race in which the margin between Democrat Joshua Cole and Republican Bob Thomas is less than half that number.

The voters filed a notice today appealing the case to the U.S. Court of Appeals for the Fourth Circuit.

Of the 147 people who voted in the wrong House District:

  • 61 people from HD-28 were given ballots for HD-88
  • 61 people from HD-88 were given ballots for HD-28
  • 25 people from HD-28 were given ballots for HD-2

According to an investigative report broken last week by WTOP, state officials were aware of prior problems with voters who were assigned to the wrong House Districts.

The Washington Post and Daily Press editorial boards have both called for a new election in HD-28, with the Post noting that the results are “irreparably tainted.”

“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 Marc Elias of Perkins Coie, attorney for the voters. “We can’t say in Virginia that every vote counts and then tell 147 people ‘except yours.’”


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