The Chesterfield GOP and Senator Amanda Chase (R-Chesterfield) have filed a court complaint alleging that the Chesterfield Registrar Constance Hargrove prevented a Republican representative from being present at a Friday meeting to evaluate provisional ballots. However, in a Tuesday hearing, Chesterfield Circuit Court Judge David Johnson dismissed the complaint, stating that he has no legal authority in the case since it involves elected officials, according to The Richmond Times-Dispatch.
“The Chesterfield GOP, they were actually kicked out by the registrar here in Chesterfield not allowing them to observe the counting of provisional ballots. That is against the law,” Chase said in a Wednesday video.
The complaint filed by the Chesterfield GOP noted that observer Chesterfield GOP Vice Chair Carey Allen “was directed to leave during the consideration of provisional ballots,” according to The Richmond Times-Dispatch. The complaint also noted that not allowing a GOP observer in the room could have a “probable impact on the outcome of the election.”
On Election Day, Delegate Nick Freitas (R-Culpepper) had a strong lead over Representative Abigail Spanberger, but that lead dwindled and disappeared as absentee ballots were counted. One of the major sources of provisional ballots is voters who requested absentee ballots, but then voted in person on Election Day. Those ballots are set aside to be cross-referenced with absentee ballots to make sure that no one can vote twice. Although Spanberger has declared victory, Freitas has said he will wait until the results of the vote are certified to concede.
In its complaint, the Chesterfield GOP alleged that not having an observer in the room means that there is no guarantee that any material considered during the Friday meeting would be available again during a potential recount. The complaint states, “A failure by [Hargrove] to comply with the requirements of Va. Code 24.2-668 necessarily deprives a recount court and the parties to a recount of the assurances to which they are entitled, i.e., that they have access to all materials used in the election and the proper security measures were in place so that the recount can be properly conducted,” according to The Richmond Times-Dispatch.
Virginia Code section 24.2-653.01 requires the electoral board to allow one observer from each party during the consideration of provisional ballots. “The electoral board shall permit one authorized representative of each political party or independent candidate in a general or special election or one authorized representative of each candidate in a primary election to remain in the room in which the determination is being made as an observer so long as he does not participate in the proceedings and does not impede the orderly conduct of the determination,” the statute states.
Hargrove’s lawyer told The Richmond Times-Dispatch that they had had no advance notice of the complaint. When he dismissed the case, Judge Johnson said, “This court finds that it has no constitutional, statutory or implied authority to take any action with regards to any irregularities or conduct of any elected official, unless and until the matter is properly brought before this court pursuant to the statute.”
Now that the case has been dismissed, Chesterfield GOP officials and Chase have not said what they plan to do next. However, in a Facebook post on Monday, Chase criticized the judge and the registrar.
“The Chesterfield Registrar should resign immediately. The allegations that Chesterfield’s registrar failed to allow the GOP to have access to all aspects of vote counting procedures is in violation of law, is deeply troubling and goes to the heart of election integrity,” Chase said. “If substantiated, Ms. Hargrove should resign immediately or be removed.”
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Eric Burk is a reporter at The Virginia Star and the Star News Digital Network. Email tips to [email protected].
