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Tuesday, November 25, 2008

Goode to seek recount of votes

With a margin of only 0.24 percent, the recount will be funded by the state.

Rep. Virgil Goode says he will seek a recount in the election that currently shows him just 745 votes behind Democratic challenger Tom Perriello. In the meantime, Perriello is preparing to take office.

Jared Soares | The Roanoke Times

Rep. Virgil Goode says he will seek a recount in the election that currently shows him just 745 votes behind Democratic challenger Tom Perriello. In the meantime, Perriello is preparing to take office.

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From today's paper

The State Board of Elections certified the Nov. 4 votes from the 5th District congressional election Monday in favor of Democrat Tom Perriello -- but the race still isn't over.

U.S. Rep. Virgil Goode, R-Rocky Mount, said he will file a petition for a recount today in Albemarle County -- the home jurisdiction of Perriello, as required by law.

Goode trails Perriello by 745 votes, which represents a 0.24 percent margin. That's well within the half-percent margin that gives the trailing candidate the option to ask for a state-financed recount within 10 days of the board's certification.

"In an election this close, with less than one-quarter of 1 percent separating the two candidates, and with literally thousands of vote changes taking place during the post-election canvass process, a recount is an important protection for voters," Goode said during a news conference Monday afternoon.

Goode acknowledged that the results may not change, but continuously cited the numerous changes made during the canvassing process, including the addition of hundreds of votes in the Perriello stronghold of Charlottesville the day after the election that benefitted the challenger.

"It's an uphill battle anytime you're behind," Goode said. "But many people have asked me to request a recount."

While a change in results may not be expected, it's not unprecedented, said Lee Goodman, one of Goode's attorneys for the recount.

In the 2004 gubernatorial race in the state of Washington, Republican Dino Rossi was initially declared the winner. After numerous recounts and the discovery of thousands of uncounted votes, Democratic challenger Christine Gregoire took office, he said.

"The purpose of a recount isn't always expected to change the results, but you never can tell when a mistake has been made," Goodman said.

At a news conference Monday, Perriello accepted the certification and his new role as representative and said he would respect whatever decision Goode made regarding a recount.

"We don't believe there's any serious chance of the results changing," Perriello said. "We're going to focus on the transition and moving forward."

After the petition is filed today, the following process will be set into motion:

  • Timothy Sanner, chief judge of the Albemarle Circuit Court, will contact the chief justice of the Virginia Supreme Court. That justice, Leroy Hassell, will appoint two other judges to act as a recount court with Sanner.
  • All votes will be recounted in each of the district's 21 localities. Tapes from electronic machines will be re-read, and optical scan ballots will be run through a tabulator again. Legislation passed this year also requires that officials hand count any optical scan ballots that can't be read by the tabulator.
  • Representatives for each candidate will be allowed to inspect any questionable ballots and offer arguments before the court makes its decision.
  • The outcome of the recount is final and not subject to appeal.

Goodman said he expects the entire process to take three to four weeks. Several such recounts in the past have taken the same amount of time, including the 2005 state attorney general's race in which Republican Bob McDonnell beat Democrat Creigh Deeds by 360 votes, and in 1982 when U.S. Rep. Rick Boucher, D-Abingdon, beat then incumbent Republican William Wampler by 1,218 votes.

While Perriello moves forward with his transition into an elected official, Goode said he's not considering what he'll do if the results remain the same. He could seek the separate legal route of contesting the election.

"I'm just focusing on the recount right now," he said.

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