Evening star., 1947-08-08
Drawing 10 Break Tie
In Fairfax Primary
After Cerfificafion
By the Asseeiofsd Press

R1CdMOND, Aug. 8. - Attorney
General A. P. Staples said today
that In the event of the official GER
tlf1cation Of tie vote in Tuesday s
Democratic primary in Fairfax
County the nominee would be de-
cided by lot under provisions OF Sec
ton 225 of the State election code.
Under this section, the attorney
general said, the Fairfax County
election commissioners will have to
certify the results of the primary
election to the Fairfax clerk of court
who would forward the certification
to the State Board of Elections. The
deadlocked candidates would, be
called in and a choice made by lot,
the elections board determining the
form of the drawing.
Unofficial returns Tuesday night
gave Delegate Edwin Lynch a two
vote margin over his opponent, for
mer Delegate Robert F. McCandlish
jr., 1884 to 1882.
Tie Is Official.
In an official canvass yesterday,
however, Mr.. Lynch, 34-year-old
farmer and real estate man, lost one
vote and Mr.. McCandlish, 38-year-
old attorney, picked up one vote
to cause the tie.
Meanwhile, Levin Mock Davis, Sec
retary Of the State Board of Elec-
tions, said he was awaiting an off,
ciaf certif1cation of the vote.
f~TThn Gfofn of I,o r.
nothing before it right now concern
ing the Fairfax County vote and
therefore is not in a position to
make an immediate decision in the
matter" he declared.
Section 225 of the election laws,
having to do with primary elections,
provides that "in case of tie, the
nominee shall be determined by lot
in accordance with the election law
Of the State"
At present, neither candidate
plans TO ask a recount.
The change in the total resulted
In the canvass of the records from
the Gum Springs election district,
Unofficial figures credited Mr.. Lynch
with 152 votes and Mr.. McCandlish
with 102 there. Yesterdays canvass
gave Mr.. Lynch ISL and Mr.
McCandIsh, 1903.
Court officials emphasized the
action Of the Board of Election
Canvassers yesterday was not a re.
count OF the ballots cast. The bal
lots were sealed by precinct off.
cials Immediately after their tally
and have been placed in the Office OF
Thomas P. Chapman, clerk of the
Circuit Court.
Prior to the tie-vote result, which
was. established late yesterday, Mr.
McCandl1sh had indicated he woulo
petition the court for recount. Ir
view Of developments, however, Mr.
McCandlish declared today he hac
no immediate plans for asking fol-
another check of the ballots.
VIII Wait for Recount.
II am willing to wait" he said
until 1t is decided by lot at Rich
mond. II 1t is against me I will ask
for recount and If it goes in my
favor I'll sit back and let Ed (Mr
Lynch) file for recount"
Mr.. Lynch said: IT understand
that Bob (Mr. McCandliso) was
going to ask for a recount. ALI ]
have to say now is that 1 am sur
prised that he has changed his
mind"
Mr.. Lynch also indicated that II
the decision is determined by lot he
may ask for a complete recheck of
the ballots. -
Recount Now in Question.
Mr.. Chapman said that in his
memory tie vote for State Of
nee had> never before occurred in
Virginia. Mr.. McCandlish, an at
torney, said the only previous in
stance of tie occurred in 1928 for
the Board of Supervisors of Henrico
County and in that case the result
was decided by lot by the County
Board OF Election Commissioners.
Another technicality both sides
were seeking to clarity was whether
a recount could be asked at this
time. Court circles pointed out that
a recount is asked after candidate
has been certified and that the tie
vote had prevented certifcation OF
either contender in this contest.
George w. Robey, chairman of the
Fairfax County Democratic Execu-
tive Committee, said results of the
contest are to be certified to him by
next Tuesday. He contended, how
ever, that candidate does not have
to be certified before either party
may file petition for a recount
II the canvassers certify to him q
tie vote exists, Mr. Robey, who is
an attorney, said he believed either
MIR. Lynch or MIR. McCandlish could
ask for an official recount.
The contest for the House of
Delegates occupied the limelight in
the primary campaign. Each con-
tender had held the Office previous
ly and each had once before defeated
the other.
McCandlish Won in 1943.
MIR. McCandlish was first elected
In a special election in 1912 and
in 1943 he defeated Mr.. Lynch for
the nomination. One week after the
1914 session of the General Assem-
bly,. adjourned, Mr.. McCandlish
joined the Navy.
In 1945, MIR. Lynch again entered
the race against Mr.. McCandlish
who, though overseas by then, had
been nominated by his friends. Mr..
Lynch was the victor in the pri-
mary and subsequent election and
served in last years regular session
and the special session early this
year.
u. N.