State board defers certification of Fairfax special election after local returns delayed

The State Board of Elections on Monday deferred certifying the Jan. 20 special election for the House of Delegates District 17 in Fairfax County after department staff said final returns were not available.

John Cronin of the Department of Elections told the board that "Elect does not have the final returns available to bring before the board today" and recommended the board adjourn until the returns arrive. He cited Virginia Code 24.2-679(B), which the department interprets to require the board to meet day-to-day until it has the local abstracts needed to ascertain results.

The chair said the board would present the certification item for the record but would defer any vote until Fairfax County provided the returns. A board member moved to postpone action "until we have the accurate data to take action," and the motion was seconded and carried by voice vote. Several members recorded aye; the chair declared the item deferred and scheduled brief pro forma meetings at 1 p.m. tomorrow and at 1 p.m. Friday if necessary to receive outstanding results.

Why it matters: Virginia law sets a seven-day target after a special election for the board to meet, and section 24.2-679(B) governs how the board proceeds if local canvass results are not yet available. The delay in Fairfax, the board was told, included weather-related problems that hindered preparation of abstracts.

Next steps: The Department of Elections will accept returns when Fairfax delivers them and the board will reconvene day-to-day as provided under the statute until it can certify the outcome.