Good for her. It was a spoiled ballot and should not have counted for either party. We have been through this routine in FL in 2000 and MN in 2008, and the D’s have learned how to fight these fights.
Unfortunately you fail to take into account the fact that 2000 & 2008 had negative affect on Democrats. THIS is entirely different, this has a negative affect on Republicans
Applause for Shelly Simonds! 
(that image is a crap clap, btw) We had a disastrous President elected because of hanging chads in Florida. No way in hell we should literally leave the results of any election up to chance, especially if the KKKris Kobach’s of this world are all about election “integrity”!
Yes, this is the right course. It would be even better if they go through the coin flip (or whatever) and she wins. Then she could drop the suit.
Go for it
Its a moot point after if she wins the random pick.
Franken won his recount and the resulting litigation in MN in 2008.
Flip a coin? Really? I’m surprised Republicans didn’t ask for Russian roulette to settle it. Combines their two favorite things, guns and Russians.
Disagree. Under no circumstances should this voluntarily be left up to chance.
Virginia state law says that ties are decided by chance—coin flip, drawing a name out of a hat, etc.
I know. That’s why i strongly support the legal appeal of the inclusion of that ballot in the final count.
None of the articles I saw state what the law is supposed to be, so I looked up the appropriate Virginia statute, which is…
§ 24.2-663. When ballot void.
If a printed ballot is found to have been voted for a greater number of names for any one office than the number of persons required to fill the office, or if the title of the office is erased, the ballot shall be considered void as to all the names designated to fill such office, but no further, and the ballot shall be counted for the other offices on the ballot.
Let’s break that down to the applicable parts…
§ 24.2-663. When ballot void. (paraphrased, taking out inapplicable parts)
If a printed ballot is found to have been voted for a more than one name, the ballot shall be considered void for that office, but the ballot shall be counted for the other offices on the ballot.
Which is pretty simple. If they mark two people for Senate, then it doesn’t count. It appears what the Court is saying is that striking the one name out means they didn’t vote for two people. That’s some fairly interpretative reading, when the plain language of the statute would be marking two names is voting for two people.
I would tend to agree, but then again, let me introduce you to my friend Chad…
Who will be watching the fishbowl drawing by the election officials?
Being reapers always follow the rules, especially at elections, It’s not to hard the fathom the cheating.
Either Simonds name is spelled wrong, ineligible or just missed getting put in the fishbowl. Which was her responsibility and she really didn’t want the job anyway.
The possibilities are endless with this fiasco.
Don’t miss a beat on this one Lady.
What are the names of the corrupt judges who handed this decision down?
Of course the cowards know their position is indefensible or they would not have tried to suppress release of the ballot itself. It was only published after a facsimile was widely circulated.
They should be impeached regardless of whether they can be convicted and removed from office.
Yay! Fight this to the bitter goddamn end. We cannot afford to start letting them pull this shit. We have got to fight the cheating, the tricks, the Russians, the voter suppression…
I agree that leaving this to chance is too risky. The GOP is willing to accept it because there is a chance they get to keep control (even though they lost the vote). I am glad to see the Dems fighting by using the LAW. A spoiled ballot is just that. If it were the other way around, the GOP would say too bad, so sad, the law is clear.
The GOP-controlled legislature passed voter id, then changed it after Obama won the state a second time. They don’t care about Democracy, they care about winning. Let’s give them the will of the people, with a side of law.
Nope. The way I understand this flimply process is that if the loser of the drawing is not happy then the ballots get tossed out and the election is done over in a couple of months.
Makes no sense…why would the loser be happy? And not want a new election?
Drawing names out of a bowl?? Dear God.
Whoever thought that one up must not have much respect for - or faith in - the political system.