...The best-laid plans of mice and men often go awry...
Legal Challenges Could Determine Balance of Power in the Senate
By Seth Stern | 7:29 PM; Nov. 08, 2006 | Email This Article
Written by Seth Stern and Keith Perine
The battle for the Senate may rage for days or even weeks as both parties prepared on Wednesday for potential recounts and legal challenges to races in Virginia and Montana, where the outcomes were still in doubt. Even as officials continued counting ballots in both states, Democrats were quick to claim victory for their candidates, Jim Webb in Virginia and Jon Tester in Montana. But the campaigns of GOP incumbents George Allen in Virginia and Conrad Burns in Montana countered that such declarations are premature.
Local election officials in Virginia began certifying results on Wednesday, a process Allen’s campaign hopes will narrow the margin of votes separating the candidates. Three Virginia precincts had not yet been counted, nor had all of the state’s provisional ballots cast by voters whose legitimacy was uncertain on Election Day. “Sen. Allen and all Virginians treasure our representative democracy and appreciate the laws that protect the integrity of the election process and look forward to its completion,” Ed Gillespie, an adviser to the Allen campaign, said on Wednesday at a Richmond, Va., news conference.
In Virginia, a losing candidate can request a recount if the difference is less than 1 percent. That likely will happen, given that the current margin is less than three-tenths of 1 percent. But such a request could come only after the elections are certified Nov. 27. According to the Virginia Board of Elections, a recount is “a simple redetermination” of votes cast and is not a vehicle for challenging the eligibility of voters or particular ballots.
A recount last year in the race for Virginia attorney general did not begin until Dec. 20. Gillespie said an estimated 6,000 provisional ballots were cast statewide. In 2005, 5,000 provisional ballots were cast though only 16 percent of those were ultimately counted, Gillespie said.
http://www.cqpolitics.com/2006/11/legal_challenges_could_determi.html