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  •  if any provisionals were counted before (28+ / 0-)

    the new rule was issued late Friday, since you cannot back them out, you now have an equal protection violation of a different standard being used - while SCOTUS said Bush v Gore was not to be used as a precedent, I believe it has already been cited several times, and this idea - that different rules would be in effect depending upon when you count - would clearly violate it.

    So would the idea of changing the rules AFTER people have voted.   I believe that is also part of the argument that can be made.

    There is a strong legal team assisting Herring, and I am sure that ALL aspects of the issue will be explored and appropriate court challenges will be made.

    By the way, I believe Richmond's provisionals may also still be out, and with Alexandria giving a net 29 to Herring out of its provisionals, I believe the projected margin now is OBenshain by 37 votes - without either Richmond or Fairfax.  Fairfax had before accepted 400 ballots, and the county had broken 60-40, which would project to a net of 80 for Herring.  Even if you halve that, it would project to a net of 40, or in theory enough to put him in the lead even without Richmond.

    But I do not know what else might be out, that might favor either candidate.

    This will probably not be settled until December, and we sure are not going to know this weekend, not with Fairfax allowing voters to come in through Tuesday to argue for their provisionals to be counted.  

    I wonder if offices will be open either tomorrow (Sunday) or Monday (Veterans Day, a holidy), or that the reason for Tuesday is that it is the next time the offices would be open.

    "We didn't set out to save the world; we set out to wonder how other people are doing and to reflect on how our actions affect other people's hearts." - Pema Chodron

    by teacherken on Sat Nov 09, 2013 at 01:56:34 PM PST

    •  sorry, my math was off (5+ / 0-)

      Herring netted 24 in Alexandria

      current projected margin is 33 for Obenshain, without Fairfax or Richmond.  But there are something like a total of 134 jurisdictions (cities and counties) in Virginia, and I do not know how many still might have provisionals to be accounted for.

      I had projected 23-25 net for Herring out of Alexandria once I knew the number accepted.  So far provisionals are breaking largely along the lines of what we saw on election night plus absentees.

      "We didn't set out to save the world; we set out to wonder how other people are doing and to reflect on how our actions affect other people's hearts." - Pema Chodron

      by teacherken on Sat Nov 09, 2013 at 02:07:15 PM PST

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