Court Hearing Set For Recount Of Ballots In Fairfax City Council Race

FAIRFAX CITY, VA — A preliminary hearing has been scheduled in response to Anahita N. "Ana" Renner's request for a recount of the 2022 Fairfax City Council race.

Attorney Christopher Marston of 2652 Group LLC filed a petition on Renner's behalf on Monday in the Circuit Court for the City of Fairfax, asking for the appointment of a court to recount ballots and reaffirm the outcome of the Nov. 8 general election.

Under the Virginia Code, Circuit Court Chief Judge Penney Azcarate is required to notify Chief Justice Samuel Bernard Goodwyn of the Supreme Court of Virginia about the petition. Goodwyn will then appoint two other judges to sit with Azcarate on a court responsible for overseeing the recount.

"The petition follows the statutory requirements," Marston said, in an email to Patch on Wednesday. He added that Azcarate has scheduled a preliminary hearing for Monday, Nov. 28 at 3 p.m.

Related: Ana Renner Requests Recount In 2022 Fairfax City Council Race

"In the election for City Council, the top 6 vote getters are elected to the Council," Renner's petition says. "The apparent sixth place finisher, Billy M. Bates had only 15 more votes [than] the apparent seventh place finisher, Renner. Given the small margin of difference in the votes cast between Renner and Bates, Renner files this Petition seeking a recount and redetermination of the final results."

On Nov. 14, the Fairfax City Electoral Board certified the results of the city council race, with Renner finishing seventh with 4,193 votes and Bates in sixth place with 4,213 votes.

The 0.04 percent gap separating Bates and Renners' vote totals is less than the 1 percent required for Renner to ask for a recount, according to Virginia Code. Since it's less than 0.5 percent, Fairfax City is responsible for paying for the recount since Renner has requested one.

Fairfax City Council

*The six winners of Fairfax City Council race in the Nov. 8 General Election, as certified by the Fairfax Board of Elections.

The petition requests that the chief judge schedule a preliminary hearing, at which:

"The Court may dispose of motions and fix procedural rules, both subject to review by the full Court;

"The Court shall review all security measures taken for all ballots and voting devices and directs, as it deems necessary, all appropriate measures to ensure proper security to conduct the recount;

"The Chief Judge, subject to review by the full Court, may set the place or places for the recount and may order the delivery of election materials to a central location and the transportation of voting and counting machines to a central location in the City of Fairfax under appropriate safeguards; and

"The Court may enter such orders as it deems appropriate."

The petition also requests the court hold any hearings it deemed necessary and permit the examination of all election-related records.

Related: All Votes Reported In Fairfax City Election; Bates Edges Past Renner

In the end, the three-judge court will determine and certify to the Fairfax City Electoral Board the number of ballots cast for each candidate. The one with the "higher number of valid votes" would be considered elected to the city council. The court can also "grant such other relief as it may deem appropriate and just."

Renner's petition does not mention Fairfax City Councilmember-elect Jeffrey C. Greenfield, who finished one vote ahead of Bates in the final vote count. Like Bates, he also had a 0.4 percent lead over Renner.

Although the petition only mentions Renner and Bates, it does call for a recount and redetermination of all the ballots cast in the Nov. 8 election for the office of city council. In that case, it appears the vote totals of other city council candidates in the Nov. 8 election may be subject to change as well. The answer to that may be clearer after Monday's hearing.