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Dameius
Apr 3, 2006
Regarding the coin flip, is my memory of this correct?

1. Election certified R-win, D-lose, but within margin of error to force automatic recount.
2. State election law dictates you get one recount to certify and said recount starts.
3. During recount, a ballot was discussed by both Dem anf Repub observers and by mutual agreement they declared the ballot invalid.
4. The recount flips the winner of the election by a single vote.
5. Recount tally certified by panel of judges as the official result for the election.
6. GOP (State? National? ) lawyer(?) talks to Republican observer about the recount wherein the invalidated ballot was brought up.
7. Observer sends a letter to the panel of judges that certified the result saying that he invalidated the ballot in error, from confusion and inexperience, and because the Dem observer "pressured" him.
8. Judges order the ballot box opened to try and find the ballot in question, and they think they have a match.
9. Per the law on the books, the ballot actually could have been counted as valid, but the recount is done and the tally certified so chalk it up the a learning experience.
10. Judges on the panel, nevertheless, agree to uncertify the election result, admit the ballot as +1 for the Republican, recertify the election as a tie, thus forcing the election into the tie breaker determination as written in the books.
11. Tie breaker is a single coin flip, probably to be done by someone who has the appearance of neutrality between the candidates, scheduled for after Christmas.
12. Dem candidate sues or files a motion or lawyers up in some other fashion to call BS on the actions covered through 8 to 10 because ${reasons}.

Is that about the sum of it? Also, as a procedural question, since the fuckery in the recount is being levied against judges, this will ultimately end up in State SC, unless the Federal SC interjects ala Bush v. Gore, right? If so, does anyone have any insight on Virginia's SC?

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