Lawyer hints that Obenshain hasn’t ruled out bringing Virginia AG race before legislature

[mahatmakanejeeves]

Lawyer hints that Obenshain hasn’t ruled out bringing Virginia AG race before legislature
http://www.washingtonpost.com/local/virginia-politics/lawyer-hints-that-obenshain-hasnt-ruled-out-bringing-virginia-ag-race-before-legislature/2013/12/09/f7115a68-60f3-11e3-bf45-61f69f54fc5f_story.html

By Laura Vozzella, Published: December 9

richmond — An attorney for state Sen. Mark D. Obenshain hinted in court Monday that the Republican would consider using an obscure law to throw the outcome of the attorney general’s race into the hands of the General Assembly.

The lawyer made the statement as legal teams for Obenshain and Democrat Mark R. Herring jockeyed for advantage in advance of next week’s statewide recount.

Even floating the idea of contesting the race through the legislature is an act of political daring. Until now, Republican leaders, including Gov. Robert F. McDonnell (R), have indicated that they thought a challenge would be inappropriate unless evidence of major voting irregularities emerged.
....

{Obenshain attorney William H. Hurd’s} comments were the first indication by the campaign that it might invoke a little-known state law that allows the losing candidate in a recount to contest the result with the legislature. This year, such a move would leave the ultimate outcome of the race in the hands of a joint session of the GOP-dominated House and evenly split Senate.

[lostincalifornia]

1. Why not, the repuke party doesn't believe in democracy

[Historic NY]

2. Dickseed wants to nullify the vote.

[marsis]

3. They will

do ANYTHING to win. Just wish the Democrats had a little bit of that in them.

[mahatmakanejeeves]

4. Republican campaign for Va. attorney general raises new questions about Fairfax ballots

Republican campaign for Va. attorney general raises new questions about Fairfax ballots
http://www.washingtonpost.com/local/virginia-politics/republican-campaign-for-va-attorney-general-raise-new-questions-about-fairfax-ballots/2013/12/11/8518bf96-6134-11e3-bf45-61f69f54fc5f_story.html

By Laura Vozzella and Ben Pershing, Published: December 11

RICHMOND — Republican Mark D. Obenshain’s campaign for attorney general raised new questions Wednesday about how Fairfax County ballots were handled while also dismissing the idea that he has already decided to ask the General Assembly to step into the race.

Earlier this week, Obenshain’s attorney raised the possibility that after next week’s recount, the closest statewide election in Virginia history might wind up before the legislature, which has the power to decide elections or call a new one under a little-known law. ... Contesting the election through the General Assembly would be an extraordinary step, one that political observers said has never been taken in a statewide race, at least not in modern Virginia history.

It is something that Obenshain, of Harrisonburg, is unlikely to try unless his campaign can make a case for massive irregularities in the election process. The option would be even less appealing for Democrat Mark R. Herring given the GOP’s dominance in the legislature. In the race between the two state senators, Herring, of Loudoun County, was declared the winner by 165 votes out of more than 2.2 million cast.

“It depends entirely on the narrative you put out,” said Bob Roberts, a James Madison University political scientist. “Clearly the Obenshain campaign is trying to create this narrative that somehow the election is entirely flawed. If you can sell that to the voters, that somehow all these registrars have messed up, then you’ve got a case you can take to the legislature.”