Petition To Recount Fairfax City Council Election Dismissed

FAIRFAX CITY, VA — There will be no recount of the 2022 Fairfax City Council election. The results certified on Nov. 14 by the electoral board are final.

A three-judge panel voted unanimously on Friday to support a motion to dismiss the petition filed in Fairfax County Circuit Court by Anahita N. "Ana" Renner requesting a recount of the Nov. 8 city council race.

Chief Judge Penney Azcarate told the courtroom that all six winning candidates were interested parties in the recount and therefore should've been notified within 10-days of the election's certification.

Related: Attorneys In Fairfax City Recount Swap Motions Ahead Of Friday Hearing

Billy M. Bates, who finished sixth in the race to fill the six-seat council, received just 15 more votes than Renner. He was the only candidate named in the recount petition.

The court agreed with the motion filed on Wednesday by Bates' attorney John W. Farrell of McCandlish Lillard. He argued the petition should be dismissed because it failed to include all of the winning candidates in the city council race. Renner also did not notify the other five candidates within 10 days of the election being certified, as required under Virginia law.

Renner filed her petition on Nov. 21, just seven days after the certification. Since the court was closed on Nov. 24 for the Thanksgiving holiday, she needed to notify all six winning candidates by Monday, Nov. 28.

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

"We're gratified with the decision made by the three-judge panel and we appreciate the time that they took to consider the weighty issues involved," Farrell said, after the panel's decision was announced.

Patch reached out to Renner's attorney Chris Marston of 2652 Group LLC for comment. This story will be updated once it is received.

On Monday, Azcarate presided over a preliminary hearing to discuss the details of the recount, including the date of the recount and what types of scanners the examiners would be using.

At that hearing, Farrell first notified the judge of his intention to file a motion for dismissal. He agreed to file by the end of business on Wednesday, so that Marston could file his opposition motion on Thursday. They all agreed to return to court of Friday when the three judges would hear their arguments.

Friday's hearing began shortly after 1 p.m. in courtroom 5J in Fairfax County Courthouse. Azcarate listened to the verbal arguments in Fairfax, while Circuit Court Judges John W. Brown and Jacqueline S. McClenney watched the proceedings via Webex.

The judges deliberated for about 45 minutes before the court reconvened and Azcarate delivered the panel's decision. Under the statutes covering an election recount in Virginia, the panel's decision is final and the losing party is not given an opportunity to appeal.