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View Diary: Daily Kos Elections Morning Digest: Herring declares victory in AG's race, but a long road awaits (47 comments)

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  •  Does anyone think Cucinelli ordered the rule (1+ / 0-)
    Recommended by:
    a2nite

    change for counting in Fairfax County midstream so that he could set Obenshain up for an equal protection clause suit later on in the event that Herring won?

    Was it a set-up, in other words?

    That's one more thing to add to my long list of small problems. --my son, age 10

    by concernedamerican on Thu Nov 14, 2013 at 06:03:48 AM PST

    •  no it was the local board (1+ / 0-)
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      mstep

      Not sure how far he will take this. Obershain is set up to run for governor next time and if he goes to court and whines about this it will hurt him.
      Assuming a democrat gets elected in 2016 as president the republicans should have a good shot at winning back the governors office,

      •  depends. (0+ / 0-)

        VA is turning blue fast.

      •  According to Rachel Maddow last night, (1+ / 0-)
        Recommended by:
        ichibon

        Cucinelli was the one who directed the local board to make that ruling in the middle of vote counting.

        That's one more thing to add to my long list of small problems. --my son, age 10

        by concernedamerican on Thu Nov 14, 2013 at 06:53:31 AM PST

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        •  rewind (1+ / 0-)
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          concernedamerican

          This wasn't a change for counting, per se. It was a change in whether voters could send representatives in their stead during the board meeting -- and apparently, from the SBE's perspective, not a change at all, since it had never approved any other procedure.

          SBE said that it acted on its own initiative, but in accordance with legal guidance from "a career Senior Assistant Attorney General, counsel to the Board" -- not a directive from the Cooch.

          It's unlikely that this procedural change had any effect on which votes were counted: being represented at the meeting is neither necessary nor sufficient. At any rate, making the change actually prevented a possible equal protection objection. The GOP's gripe in Fairfax now is that the board unanimously voted against them (in almost every case) about which ballots to count.

          "I am not sure how we got here, but then, I am not really sure where we are." -Susan from 29

          by HudsonValleyMark on Thu Nov 14, 2013 at 07:03:13 AM PST

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      •  Rachel Maddow on last night's show (1+ / 0-)
        Recommended by:
        ichibon

        indicated that the local BOE had received a letter from Cuccinelli (in his official capacity as AG) asking them to intervene and institute this ex post facto change. If so, this needs to be investigated.  Clearly a conflict of interest.

        MI-8, 71, married, 7 children, 16 grandchildren, retired, independent but progressive

        by jimmich on Thu Nov 14, 2013 at 06:58:50 AM PST

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        •  it's a matter of record (0+ / 0-)

          that the county received a memo from the State Board of Elections.

          It's not impossible that Cuccinelli sent a letter too, but I'm skeptical. Why would he even bother?

          "I am not sure how we got here, but then, I am not really sure where we are." -Susan from 29

          by HudsonValleyMark on Thu Nov 14, 2013 at 07:22:36 AM PST

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