Virginia House Democrats again fought in vain Monday to seat newly elected delegate Charniele Herring, whose razor-thin victory last week has led the Republican majority to block her from joining the legislature until a recount is finished.
The standoff over whether to seat Herring, a Democrat who defeated Republican Joe Murray in the Jan. 13 special election by 16 votes, has pitched the two caucuses into an early party-line spat that promises to continue until the recount, set for Monday.
Republicans argue the tight margin creates enough uncertainty that Herring shouldn’t be allowed to cast votes yet. Democrats argue that leaving the 46th District, which encompasses Alexandria and a small part of Fairfax County, without representation is far worse.
House Minority Leader Ward Armstrong, D-Henry, invoked a Virginia Supreme Court ruling on the floor Monday that appears to back up his argument that the certificate of election issued for Herring qualifies her to be seated.
“The Supreme Court agrees with us, this lady should be seated, Mr. Speaker,” he said.
But seating Herring, said House Majority Leader Morgan Griffith, R-Salem, “moots … the whole recount process.” The House voted 55-42 not to seat her, following similar votes last week.
The special election was held to fill a vacancy left by Brian Moran, who left his seat to campaign full time for the 2009 governor’s race.
Armstrong last week asked Republican Attorney General Robert McDonnell to issue an advisory opinion on the matter.
A spokesman for McDonnell declined to comment on the state of that request, citing official
policy.
