Edward B. Foley
It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia.
Professor Edward Foley was quoted in a article by The Washington Post regarding the race for Virginia attorney general. As of Wed., Sen. Mark R. Herring (D-Loudoun) led state Sen. Mark D. Obenshain (R-Harrisonburg) by 164 votes out of more than 2.2 million cast.
Electoral boards in each locality checked their numbers and decided whether provisional ballots should count. Statewide, 3,158 provisional ballots were cast, 493 of them in the Fairfax Government Center.
GOP attorney Miller Baker argued that the votes cannot be taken out now, and Foley agreed.
“Usually, once a ballot has been counted and mixed into the pool, you can’t really retract it,” Foley said.
In an opinion authored by Judge Edith H. Jones, the Fifth Circuit today reversed the district court's decision finding in favor of plaintiffs challenging certain Texas election code provisions. In granting a preliminary injunction, the district court determined that provisions regarding volunteer deputy registrars violated the First Amendment and the National Voter Registration Act. According to the Fifth Circuit's opinion, the plaintiffs "failed to establish facial unconstitutionality of the provisions." The Fifth Circuit remanded the case, Voting for America v. Skeen, to the district court for further proceedings.