Press release from the office of Speaker-designee Kirk Cox on November 16, 2017
Statement of Majority Leader-designee Todd Gilbert on House District 28
Virginia House of Delegates Majority Leader-designee Todd Gilbert issued the following statement on Democratic allegations involving House District 28.
On Veterans Day, Democrats falsely claimed there were 55 unopened military absentee ballots in Stafford County. While never true and never verified, these claims were widely reported, only to be later proven demonstrably false. Democrats either lied or were flat out wrong, and neither one lends to their credibility.
Now, Democrats are claiming that there are 668 voters who voted in House District 88 that should have voted in House District 28. This is also demonstrably false, and the kind of error a seasoned elections attorney like Marc Elias should not make.
The House District lines were enacted in April of 2011 and, as 24.2-304.03 of the Code of Virginia clearly states, are based on local and precinct lines as they existed at that time. Precincts 402 and 201 in the City of Fredericksburg, as they existed in April of 2011, were fully included in and used as boundary lines for House District 28.
Seven months later, when the City of Fredericksburg completed its own local redistricting, Precincts 402 and 201 were moved to overlap with House Districts 28 and 88, creating the split precincts that currently exist. State law clearly says, however, the House District lines remain the same notwithstanding any subsequent changes to precinct lines by localities.
Democrats are misapplying the redistricting law to the incorrect precinct lines, using the current precinct lines when they should be using the precinct lines as they existed in April 2011. The registrar has correctly split the precincts as city and state code require.
Their letter to the State Board is shoddy legal work at best or something more nefarious at worst. Elias and his highly-paid legal team either missed or blatantly ignored an entire section of the state code.
On multiple occasions as Democrats failed to litigate this election in court, they have attempted to litigate it in the media only to have their claims proven false. They are attempting to distort and deceive their way to victory, and all of their claims should be treated with skepticism.
We will continue to fight for an open, fair, and honest election in which all votes lawfully cast by eligible voters are counted. We know that we can preserve the integrity of the electoral process and protect the Constitutional rights of all voters at the same time.