John Edwards

We’re well into the voting today. We’ve posted the 10 a.m. turnout numbers, with the 3 p.m. figures still a few hours off.

With that in mind, I’d caution people from reading too much into those numbers. Here’s why:

In November, I remember tracking voter turnout as it arrived in the big race for Virginia Senate between incumbent John Edwards, D-Roanoke, and Republican challenger Dave Nutter, R-Christiansburg. As we saw higher turnout in Nutter’s home county of Montgomery and precincts in Roanoke which tend to be more favorable for the GOP, we figured that Nutter might do the unexpected and somehow turn the Roanoke-centric 21st District for Republicans.

But as it turned out, Edwards crushed Nutter in the city, winning Lee-Hi, South Roanoke and most of the Raleigh Court precincts on his way to carrying 63 percent of the city’s vote.

Former Sen. Brandon Bell (another losing candidate that night) later speculated that Roanokers will vote for a Republican if it’s one of their own, but not for a city outsider like Nutter.

How does that bode for Lucas, who’s lived in Roanoke since 1986? We’ll find out tonight after the polls close.

I’m stepping out for my traditional Election Day run up Mill Mountain, but I’ll be back later this afternoon with the 3 p.m. turnout figures.

– Mason Adams

Mike Altizer and Butch Church switch their seats and nameplates during the last chairman switch in 2010

The balance of power in Roanoke County has shifted again.

Two years after Catawba Supervisor Butch Church built an alliance with Ed Elswick and Charlotte Moore than won him the chairman’s seat, the board reversed course and elected Hollins Supervisor Richard Flora as the new chair.

The decision reflects a topsy-turvy county board: Both incumbents were re-elected last fall, but the working relationship between the five supervisors has continued to flux.

Church nominated Moore for the job, but she declined.

Flora would seem to be a safe, temporary choice, as he said he plans to retire from government at the end of his term, about two years from now.

What do you think? What does this mean for county governance?

Bill Bolling

Lt. Gov. Bill Bolling insists he has the authority to cast a tie-breaking vote that would give Republicans a majority in the evenly-divided Virginia Senate.

But in a memorandum to state senators released this morning, Bolling acknowledged that his ability to cast votes in the Senate is limited by the state’s constitution. The Republican lieutenant governor said he could not break ties on matters such as the state budget, the appointment of judges, and constitutional amendments.

“I recognize that Senators on both sides of the aisle may be disappointed with my conclusions, albeit for entirely different reasons,” Bolling wrote in his four-page memorandum. “However, throughout my service as Lieutenant Governor I have tried to preside over the Senate in a fair and impartial manner, and I will continue to do so.”

Republicans gained two Senate seats in the Nov. 8 elections to achieve a 20-20 split with Democrats. Bolling quickly declared that his tie-breaking vote would allow the Senate to organize with a Republican majority, enabling the GOP to have majorities on Senate committees. The General Assembly will begin its 2012 session on Jan. 11.

Democratic Sen. Donald McEachin, D-Henrico County, filed a lawsuit last month contesting Bolling’s authority to vote on the Senate’s  organization and certain other matters. A Richmond judge denied mcEachin’s request for a temporary injunction that would keep the lieutenant governor from voting on disputed matters until the lawsuit is resolved.

Bolling reiterated in his memo that he believes the state constitution allows him to cast a tie-breaking vote on the Senate’s organization, citing a provision which states: “Each house shall select its officers and settle its rules of procedure.”

But Bolling, who reviewed past opinions from state attorneys general and consulted with his own counsel, said he believes he is not empowered to break ties on final passage of legislation that requires the vote of a majority of the “members elected” to the Senate.

Bolling said the lieutenant governor “does have broad authority to vote on most matters coming before the Senate that result in an equal division, but the Lieutenant Governor is not an elected member of the Senate. Therefore, the plain meaning of this phrase would appear to limit the Lieutenant Governor’s ability to vote on the final passage of the narrow category of bills that require the vote of a ‘majority of the members elected to each house’ to pass.”

Bolling said the prohibition would apply to appropriations and tax  bills, constitutional amendments, judicial appointments and the creation of new offices.

“I believe that what I have outlined above is a correct and impartial interpretation and application of the Constitution of Virginia, and therefore, I will act accordingly on any matters that come before the Senate,” Bolling wrote.

Senate Republican leaders agreed with Bolling’s assessment.

“The lieutenant governor’s memorandum is spot on,” said Sen. Ryan McDougle, R-Hanover County, the chairman of the Senate Republican Caucus.  “There is little ambiguity in this situation, and those who continue to challenge his constitutional authority are doing so solely for partisan advantage.”

– Michael Sluss

Newt Ginrich

Virginia’s Republican presidential primary ballot will only list two candidates: Ron Paul and Mitt Romney.

We covered last week’s news, tracking Michele Bachmann, Rick Santorum and Jon Huntsman’s failure to file petitions, as well as the disqualification of Newt Gingrich and Rick Perry for failing to meet the state GOP’s requirements. Dwayne Yancey even compared the situation to a similar one that occurred in Botetourt County earlier this year.

Now, we see where Talking Points Memo is questioning whether a lawsuit filed by Michael Osbourne in Bristol Virginia Circuit Court may have led to the Republican Party of Virginia taking a more diligent look at the signatures on each petition and ultimately to Gingrich and Perry’s disqualification.

Osbourne, an independent candidate who ran for election in the 5th state House district last month, charged in a lawsuit that the state unfairly applies different standards to party candidates versus independent candidates.

In Virginia, the signatures on petitions for independent candidates are examined by the local registrar, while petitions for party candidates are examined by local party leaders.

The TPM story (which actually piggybacks on a story that first appeared in Ballot Access News) speculates that state GOP leaders essentially rubber-stamped presidential candidate petitions in past years, but because of Osbourne’s lawsuit gave them much tighter scrutiny this year.

Mike Sluss has a story on the front page of roanoke.com right now indicating a Richmond circuit court judge has declined to grant Senate Democrats a temporary injunction preventing Republicans from taking working control of a chamber that’s split 20-20.

As lieutenant governor, Bill Bolling may cast the tie-breaking vote giving Republicans organizational control of the Senate and therefore a working majority in the General Assembly as a whole.

From Sluss’s story:

In an opinion issued this morning, Judge Beverly Snukals concluded that “the public interest would not be served by having a deadlocked Senate that is unable to agree on organization.”

UPDATED AT 3:37 P.M.

Here’s the statement from Sen. Don McEachin, the Henrico County Democrat who filed the motion for a temporary injunction:

“While I respectfully disagree with the outcome, it was purely a procedural decision. The judge determined that the matter was not ripe for a final determination on the merits. The opinion was not a decision on the merits of whether the Lieutenant Governor can vote on Senate organization.
“I call on the Republicans to respect the will of the voters and past history. The senate is evenly divided, 20-20 so committees and responsibilities and power should be divided to reflect that even split, just as the Republicans said in 1996. Even then Governor Allen spoke to the need for parity under these same circumstances.
“The Senate Democratic caucus will continue to explore all its options, both legal and procedural, to resolve this issue in a way that reflects the actual outcome on election day, not an arrogant partisan power grab, totally to the benefit of one Party that does not reflect a majority of the Senate.”

And here’s the statement from Lt. Gov. Bill Bolling:

“We are very pleased with the court’s decision. We think it is the right decision, and it is what we expected. Hopefully, Senator McEachin and the Democrats will accept the court’s decision, forgo further unnecessary litigation and join us in preparing for the upcoming session and focusing on the important issues facing Virginia families.”

Don Langrher: Did blocking Wal-Mart cost him the election?

Joseph Yost: Did he benefit from perception that Blacksburg Town Council is "elitist"?

The Rack Room is pulling out of the First and Main project in Blacksburg. Normally, a business leaving a shopping development wouldn’t seem to be a political matter. However, there’s an interesting thread of comments developing in this post on our New River Valley community news site, in which some commenters are blaming Blacksburg’s decision not to allow a Wal-Mart in the town for the sluggish performance of this particular development.

More specifically, they blame town councilman Don Langrher, who, as you’ll recall, was the Democratic candidate for the House of Delegates this fall — and lost to Republican Joseph Yost.

A commenter there named “Chuck” opines thusly:

Like it or not, Wal-Mart would have brought to First and Main exactly what it needed to succeed – foot traffic. It would have increased the number of people who would be there every day, people who would spend money there.Unfotunately for First and Main and the rest of the County, there is a strong poliical faction that is more concerned with being “elite” than they are with spurring economic development. This kind of short-sighteded elitism is exactly why Langrehr lost to Yost in the recent election.

What do you think? You can find that post (and all its comments) here.

The House of Delegates race between Republican Charles Poindexter of Franklin County and Democrat Ward Armstrong of Henry County cost nearly $2.4 million, far surpassing the cost of any House race in the state, according to aggregate campaign finance data compiled today by the Virginia Public Access Project.

Only one other House race in the state cost more than $1 million.

Armstrong, the House minority leader, saw his 20-year career in the General Assembly ended in the state’s most expensive and closely watched House race. Reports filed today with the state board of elections indicate that each candidate spent more than $1 million.

With redistricting diluting competition and Republicans already holding a dominant majority in the House, the GOP spared little expense helping Poindexter knock Armstrong out of office. Armstrong moved into Poindexter’s 9th House District after Republicans collapsed the Democrat’s district in the reapportionment process.

Thirteen Senate races cost more than $1 million and Southwest and Southside Virginia had some of the state’s most expensive contests, according to VPAP. Sen. Phillip Puckett, D-Russell County, held off a challenge from Republican Adam Light of Tazewell County in race that cost more than $2.4 million. Only one Senate race in the state cost more.

The hard-fought 20th District contest that Republican Bill Stanley of Franklin County won over incumbent Democrat Roscoe Reynolds of Henry County and independent Jeff Evans cost $2.2 million. And the race between Sen. John Edwards, D-Roanoke, and Republican Dave Nutter of Christiansburg, which Edwards won, cost $1.5 million.

The totals in today’s reports reflect activity through Dec. 1. Final campaign finance figures will be available in January.

– Michael Sluss

Democrats want a judge to decide whether Lt. Gov. Bill Bolling can cast a tie-breaking vote to give Republicans effective control of the evenly divided state Senate.

Sen. Donald McEachin, D-Henrico County, the chairman of the Senate Democratic Caucus, filed the lawsuit today in Richmond Circuit Court on behalf of the caucus. Democrats want a judge to rule that Bolling does not have the constitutional authority to vote on the Senate’s organization. And they want judge to issue an injunction that would prevent Bolling from voting on organizational matters until the issue is resolved.

Republicans argue that, because of Bolling’s tie-breaking vote, they can function as the Senate’s majority party and hold majorities on Senate committees. Bolling said the day after the Nov. 8 elections that the 20-20 split in the state Senate gave Republicans control of the the Senate.

“The voters elected 20 Democrats and 20 Republicans to the Senate. Yet, in spite of that, the Republicans choose to ignore these results and, instead, claim absolute power and authority,” McEachin said in a news release. “This willingness to ignore the evenly divided results of the election is unfair and unacceptable.”

– Michael Sluss

Ward Armstrong

Del. Ward Armstrong, D-Henry County, is getting ready to pack up his legislative office and vacate the General Assembly Building following his election loss last month to Republican Charles Poindexter of Franklin County.

“There’s 20 years of memories to pack up,” Armstrong said today as he looked around his sixth-floor office. “It’s clearly the end of a chapter. But it’s not an epilogue.”

Armstrong was in Richmond today to attend his final meeting of the Commission on the Virginia Alcohol Safety Action Program. He plans to pack up the belongings in his office on Saturday, he said.

“I’ve been doing this for 20 years and been the minority leader for four and virtually every item in this office has some sentimental value,” he said.

There’s the battle helmet he donned for a floor speech in his early days as a delegate, framed newspaper articles (including a Roanoke Times profile by Mason Adams on Armstrong’s weight loss), a family portrait taken on the Capitol grounds during his first year in office. In the photo, which Armstrong and his wife Pam used for their family Christmas card, older daughter Courtney was four years old and younger daughter Whitney was just six months old. Courtney is now a law school student and Whitney attends the University of Virginia.

Armstrong, a train buff, also has old Norfolk and Western Railway lanterns on his window sills and O. Winston Link photographs hanging on the walls.

Armstrong was upbeat and said his election defeat has neither discouraged him nor dissuaded him from considering a run for statewide office in 2013.

“For a guy who cries at supermarket openings, I’ve not shed a tear in defeat and I won’t,” Armstrong said.

Armstrong said he’ll take some time to sort out his political future, but he won’t disappear from Richmond. He owns a house in the city and said he plans to expand his law practice into Richmond while maintaining his law office in Martinsville. In addition to boosting his law practice, he’ll be able to stay near the pulse of state politics as he considers his future.

– Michael Sluss

Don Assaid

Mike Sluss has filed an update covering former Botetourt County Supervisor Don Assaid’s complaint to the Virginia State Board of Elections today.

Assaid wants an investigation by the state attorney general’s office of his disqualification from the ballot of the Nov. 8 general election ballot.

Assaid fought a war of words with the Botetourt County commonwealth’s attorney and the county GOP after he was ousted from the ballot. He waged a write-in campaign but was ultimately defeated by Mac Scothorn.

Sluss has more on the state board’s meeting with Assaid in Richmond today.