Ousted Virginia Dems Walk Back on Concessions as Races Appear Headed for Recounts

Just days after the GOP seized control of the Virginia House of Delegates last week, Democrats are walking back on their concession as two tight races appear likely heading toward recounts.

On Friday, Democrat Del. Martha Mugler conceded to Republican A.C. Cordoza in the House District 91 race, which prompted Democratic House Speaker Eileen Filler-Corn to acknowledge that the Republicans now held the majority of the House with 51 seats.

However, after the final absentee and provisional ballots were tallied from the weekend, and Cordoza's lead dropped to 94 votes out of 27,3388, Mugler walked backed on her concession. Filler-Corn appeared to echo a similar sentiment as well.

"The speaker's stance is that there are provisions in place to make sure we can be certain what the outcomes are, and it's always good to check. We're just seeing what the outcome is going to be," Filler-Corn's spokesperson, Sigalle Reshef, said Tuesday.

Additionally, in the race for District 85, Republican candidate Karen Greenhalgh saw her lead over incumbent Democratic Del. Alex Askew dip to 127 votes out of 28,413 votes following the tallying of final provisional and absentee ballots.

As of Tuesday, Republicans hold 50 seats along with a lead in two seats that have not been officially called. Meanwhile, Democrats have 47 seats with a lead in a district that has yet to be called.

Despite their slim leads, Republicans indicated they will ultimately prevail in the two House District races eligible for recounts.

"Based on past experience and our experience with observers on the ground, we are confident we will have 52 seats when the new General Assembly convenes in January," said Garren Shipley, a spokesperson for House Minority Leader Todd Gilbert.

For more reporting from the Associated Press, see below.

VA House elections headed for recounts
Just days after the GOP seized control of the Virginia House of Delegates, Democrats are walking back on their concession as two races appear likely heading toward recounts. Above, voters fill out their ballots at the Forest Recreation Center in Bedford County, Va., on Tuesday, Nov. 2, 2021. Kendall Warner/AP Pool

In both districts where Republicans are leading, the margins are under 0.5 percent, which allows candidates to request state-funded recounts.

Recounts in Virginia are not automatic. Under state law, a candidate cannot request a recount until the results are officially certified by the state Board of Elections. The board is scheduled to meet Nov. 15 to certify the results. Once that happens, Mugler and Askew will have up to 10 days to file a petition in court requesting a recount. A "recount court" of three judges would then oversee the process. In 2017, when partisan control of the House came down to a pivotal Hampton Roads seat, the recount was not held until late December.

Kate Sarna, a spokesperson for the House Democratic caucus, declined to comment on whether Mugler and Askew intend to seek recounts.

In a statement issued on Saturday, Mugler said that in light of a "significant shift" in the vote count since the night of the election, "we think it wise to do our due diligence to make sure every vote is fairly and accurately counted."

"We will allow the process the full time and effort it takes to ensure accuracy," she said.

On Nov. 2, Republicans flipped the Democratic-held offices of governor, lieutenant governor and attorney general in a red surge. The state Senate has a slim 21-19 Democratic majority, with elections scheduled for 2023.

The Republican victories are seen in part as a backlash against a series of progressive reforms that the former Democratic majority pushed through over the past two years, making Virginia an outlier in the South. Those included repealing the death penalty, loosening abortion restrictions and legalizing marijuana.