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Judge sets guidelines for 83rd District race recount

VIRGINIA BEACH, Va. (WAVY) – Who will ultimately win the closest race in Hampton Roads? The final process to answer that question was handed out Tuesday in the form of rules to guide the 83rd House of Delegates recount.

The races is between Delegate-elect Nancy Guy and incumbent Del. Chris Stolle — and the difference is only 27 votes in Guy’s favor.

On Nov. 20, Stolle filed an official court petition for a recount in the race.

The rules for the recount are established by Circuit Court Judge Judge Glenn Croshaw, who is a former member of the House of Delegates.  

In court the attorneys representing both candidates appeared before Croshaw. Both sides are taking a look at these rules and raising any concerns they have by next Monday.

Another hearing will take place on Tuesday with the final recount set for Dec. 12 and 13.  

Attorney Jeff Marks represents Del. Chris Stolle, who was behind by 27 votes as of the official determination Nov. 8, the Friday following the election.

“It is a partisan process. They will pick their officials and we will pick ours, and we will submit those names to the court by 2 p.m. on Monday, and then they will be subpoenaed by the court and appear for the recount on Dec. 12,” Marks said.

There are 19 precincts in Virginia Beach including absentees, and one partial precinct in Norfolk.

Also in court Tuesday was Voter Registrar Donna Patterson, who oversaw the recounting of three elections last December; the first time three races were recounted in Virginia history. Patterson has become well-versed in election recounts.

“Right now there are no issues except dotting the i’s and crossing the t’s, and we just got the order from the judge, so now we are going to follow through with it,” she said.

Guy and she is represented by attorney Jeffrey Breit. 

“The biggest issue for us is there is a clean count, and that there is no  messing with the boxes that are under seal. There is always a concern that those boxes remain untouched, that there are people at the table who are willing to look at things with a clear and open mind,” he said.