Virginia Beach election officials examine returns in the Villanueva - Mathieson race for the District 21 House of Delegates seat, Nov. 5, 2009.
Updated: Wednesday, 11 Nov 2009, 12:15 PM EST
Published : Monday, 09 Nov 2009, 3:07 AM EST
VIRGINIA BEACH, Va. - At court Tuesday, all parties agreed to resume counting of absentee ballots in the 21st District House of Delegates race in Virginia Beach. Counting resumed Tuesday at noon.
Absentee ballots make up less than five percent of the total votes cast in the 21st district House of Delegates race, but they make all the difference.
Bobby Mathieson's attorneys filed a motion to compel information last week, which means they wanted a judge to make the voter registrar's office produce information on absentee ballots returned, mailed or rejected. They also requested photocopies of envelopes containing rejected absentee ballots and records of absentee ballots sent but never returned.
Incumbent Bobby Mathieson had a 35 vote lead without absentee ballots factored in and found himself in a 16 vote hole with them. But his campaign claims 300 absentee ballots are unaccounted for: more than enough to make a difference in a race so close.
Challenger Ron Villanueva, watching all the legal wrangling, remains confident, saying, "I'm pretty far removed from the process. I'm just letting the process ride. I'm pretty confident in the process."
In an election year where Democrats lost by double digits at the top of the ticket, the 21st District Race has taken on new importance with the results so close.
The Electoral Board chairman said he expects the group to finish its work and certify the winners in last Tuesday's voting sometime Tuesday evening.
Below is a statment from Bobby Mathieson's attorney regarding the Tuesday's ruling:
Yesterday, more votes got counted in the 21st District House of Delegates race because of an open and transparent process we fought to let run its course. After examination of rejected absentee and provisional ballots, seven more voices were heard in this close and important election, and the vote totals have changed.
Unfortunately, the Virginia Beach Electoral Board decided, at their own discretion, NOT to count four absentee ballots. These voters did what they needed to do – signed and dated their ballots, and had someone witness them. But the Virginia Beach Electoral Board chose to silence those voices on a technicality. That is not the way you encourage citizens to participate in the foundation of democracy – our electoral process – and it is tragic.
There are still open questions in this race, and it is in the best interest of the voters of the 21st District to seek a recount. Bobby Mathieson will continue to fight to ensure every single legally cast ballot gets counted in an open and transparent manner. As a lifelong public servant, he will always stand for good government, for transparency, and for serving the public interest. Close elections like this provide citizens the opportunity to shine a bright light on the electoral process, learn important lessons, and emerge better prepared for the next election.