Judge: Stop certifying results

VIRGINIA BEACH, Va. - WAVY.com just learned a judge has ordered the Electoral Board to stop certifying results in the District 21 House of Delegates race between Ron Villanueva (R) and incumbent Bobby Mathieson (D).  This after Bobby Mathieson filed suit against the Voter Registrar of the City of Virginia Beach .

Commissioner of the Revenue Phil Kellam told WAVY.com he noticed "irregularities" in the Voter Registration's office Tuesday night after the election. That's when he says he got a tip that 324 absentee votes in the 21st district were not counted and asked why. He says it set off a mad search for documentation.

"We're not alleging voter fraud. We need to let the process run its course and not jump to any conclusions," Mathieson's Campaign Manager, Mark Henson told WAVY.com.

GOP chairman Gary Byler said, " We want every vote counted and that's what's going on....There have been no allegations of any inappropriate voting fraud....lawyers will tell you that. Virginia Beach has a good history of running clean elections."

The race remains too close to call, with just 16 votes separating the two candidates.

Dozens protested the results outside the Va. Beach Municipal Center Thursday.

Protestor Andrew Jackson told WAVY.com, "I'm here to make sure we have an accurate count. I want to make sure all the votes are counted. I don't want there to be a Florida or Ohio here."

This story is far from over. Look for updates on-air and online.

With all precincts reporting, vote totals for the two are currently:

Ron Villanueva - 7,670
Bobby Mathieson - 7,654

In District 83, Republican challenger Chris Stolle defeated Democrat incumbent Joe Bouchard.

§ 24.2-800. Va. State Code Regarding Recounts in all Elections:

A. The provisions of this article apply to all elections held in the Commonwealth.

B. When there is between any candidate apparently nominated or elected and any candidate apparently defeated a difference of not more than one percent of the total vote cast for the two such candidates as determined by the State Board or the electoral board, the defeated candidate may appeal from the determination of the State Board or the electoral board for a recount of the vote as set forth in this article. When there is between any write-in candidate apparently nominated or elected and any candidate apparently defeated, or between any candidate apparently nominated or elected and any write-in candidate apparently defeated, a difference of not more than five percent of the total vote cast for the two such candidates as determined by the State Board or the electoral board, the defeated candidate may appeal from the determination of the State Board or the electoral board for a recount of the vote as set forth in this article. In an election of electors for the President and Vice President of the United States, the presidential candidate shall represent the vice presidential candidate and slate of electors and be the party to the recount for purposes of this article.

C. When there is between the vote for a question and the vote against a question a difference of not more than fifty votes or one percent of the total vote cast for and against the question as determined by the State Board or the electoral board, whichever is greater, fifty or more voters qualified to vote on the question, by signing and filing their petition, may appeal from the determination of the State Board or the electoral board for a recount of the vote as set forth in this article.
 

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