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Michael D. Duman was declared the winner of the Suffolk mayoral race Monday by a razor-thin margin, according to election results certified by the Virginia State Board of Elections. The certified results show Duman out gained his opponent Clinton L. Jenkins by a mere 164 votes (0.32%).  The tight margin could trigger a request for recount by Jenkins, however, in a statement on Nov. 15, Jenkins was unsure if he would make that request. A request for an update from Jenkins on Dec. 3 was not immediately provided. Given the margin is less than .5%, the local electoral board would be responsible for the cost of the recount. 

The outcome of the Suffolk Public School Board’s Whaleyville Borough also proved to be a close contest, with Sean McGee narrowly defeating Thelma V. Hinton by 57 votes or .9%. This also could trigger a recount, however, the cost burden would land with Hinton. It is not yet known whether Hinton will request a recount. 

Suffolk Election Results at a Glance

Here’s a look at the certified results for all contested local races in Suffolk:

City Council (Whaleyville Borough): LeOtis L. Williams has been declared the winner with a significant margin, surpassing Jason A. Wooldridge by 1,373 votes (21.49%).

City Council (Sleepy Hole Borough): Ebony N. Wright ousted incumbent Roger Fawcett by 636 votes (7.05%).

School Board (Nansemond Borough): Valerie B. Fields secured the seat, outpacing James E. Shores by 2,391 votes (43.61%).

School Board (Sleepy Hole Borough): Incumbent Heather Howell won the seat with a 10.33% lead, translating to an 887-vote difference over Carly A. Bosco.

School Board (Whaleyville Borough):  Sean P. McGee narrowly defeated Thelma V. Hinton by a slim 57 votes (0.9%).

Navigating the Recount Process in Virginia 

The close finishes in the mayoral race and Suffolk Public School Board’s Whaleyville Borough raise the prospect of a recount. Virginia law outlines a specific process for candidates seeking a recount, ensuring a fair and transparent review of election results.

Triggering a Recount

A candidate can only petition for a recount if the margin of victory falls within certain thresholds.  For most elections, including the mayor and city council races, the difference in votes between the winner and the defeated candidate must be no more than 1%. However, if one of the candidates ran as a write-in, the margin for a recount widens to 5%. 

Initiating a Recount

The losing candidate has 10 days from the certification of election results to file a petition for a recount. The Virginia State Board of Elections certified the Nov. 5 election results on Monday, Dec. 2, with all members present, indicating that the 10-day window is now in effect.

Recount petitions for local offices, such as mayor and city council, are filed in the circuit court of the locality where the challenged candidate resides. 

The Recount Court

Virginia employs a specialized “recount court” to oversee the process. This court comprises three judges—the chief judge of the circuit court where the petition was filed and two judges appointed by the Chief Justice of the Supreme Court of Virginia. The recount court plays a crucial role in establishing procedures, resolving disputes, and ensuring fairness throughout the recount.

Mechanics of a Recount

The recount process can involve a range of procedures, including re-scanning ballots, hand-counting certain types of ballots (such as those with write-in votes or those deemed overvotes or undervotes), and adjudicating the validity of challenged ballots.  The recount court has the authority to set uniform procedures for the recount within its jurisdiction.

Finality and Contesting the Outcome

After the recount, the court certifies the final results, which are considered final and not subject to appeal.  However, a candidate who was initially declared the winner but loses after the recount has the right to contest the election within 10 days of the court’s order. Contests follow a separate legal process with specific procedures.

Allocating Costs

The financial responsibility for a recount typically falls on the candidate who petitions for it.  However, there are exceptions. If the petitioner wins the recount, the costs are borne by the localities involved in the election. 

If the initial vote difference was less than 0.5%, the localities also shoulder the costs.

In recount petitions related to referendums, if the petitioners are successful, the localities cover the costs. To mitigate the potential financial burden, petitioners are required to post a bond of $10 per precinct.  With the certified election results now public, candidates in the closely contested Suffolk races have the opportunity to assess their options and potentially seek a recount under the provisions of Virginia law.