House GOP victory fought in Virginia

Four Virginia Democratic voters are appealing a court decision that cleared the way for Republicans to take control of the state House of Delegates.

At issue is whether errors that led some voters in an extremely close Northern Virginia House race to be given the wrong ballots were so significant that Republican Robert Thomas, the victor, should not be seated.

Late Friday, Judge T.S. Ellis III of the Eastern District of Virginia decided they were not.

Now the voters are appealing Ellis’ decision to the Fourth Circuit Court of Appeals, hoping to stop Thomas from being seated Wednesday. The formal notice of appeal was filed Sunday.

Should they succeed, this year’s legislative session would probably begin with a 49-49 split between Democrats and Republicans in the House.

Thomas defeated Democrat Joshua Cole in Virginia’s 28th House District by 73 votes. But at least 86 voters, including some in a heavily Democratic precinct, were mistakenly issued ballots to vote in the neighboring 88th House District, where the Republican won by a wide margin. And 61 voters in the 88th District, which tilts Republican, were mistakenly given ballots to vote in the 28th.

“With the serious errors in this election and a margin this narrow, there is no way to determine the rightful winner of this election,” Marc Elias of the law firm Perkins Coie said in a statement Sunday.

AP/Republican-Herald/ANDY MATSKO Rev. Fr. Jeff L. Zias (center) celebrates the traditional Orthodox Christmas Divine Liturgy on Sunday at St. Michael the Archangel Carpatho-Russian Orthodox Church in St. Clair, Pa.