Legal wrangling is a given during any recount, but Virginia Republicans got off to an early start over the weekend, potentially exploiting the state’s new voter ID law to cast aside likely Democratic votes.
The vast majority of Virginia’s votes had already been tabulated by the end of last week, but a swath remains outstanding in parts of Fairfax County, a string of DC suburbs in Northern Virginia. Fairfax is still tallying provisional ballots—disputed votes that were set aside on Election Day. Virginia introduced a new strict photo ID requirement for the 2014 election; voters who lacked proper identification on Election Day could cast a provisional ballot to be assessed later. Fairfax County had previously allowed a lawyer or authorized representative to advocate on behalf of counting a provisional ballot during hearings to assess those votes. But on Friday, the Republican-controlled state Board of Elections sent a memo to the county ordering an end to this practice, shifting the rules after the election and midway through counting the votes. Who’s behind that order? Ken Cuccinelli.
