Evening star., 1947-08-10
Tied Candidates
Favor Recount
OF Fairfax Vote
Lynch, MeCondIish
Agree on Procedure;
Drawing Is Debated

The two candidates who tied for
the Democratic nomination to the
House of Delegates from Fairfax
County agree that recount Of ball
lots In last Tuesdays primary Is
the best way to settle the issue.
An effort to determine the win
ner was instituted yesterday with
the filing in Fairfax Circuit Court
OF petition for a recount by Rob-
ert j. McCandlish, jr. The official
tally gave Mr.. McCandlish 1858
votes and his opponent, Edwin
Lynch, who now holds the office,
a similar number.
Robert G. Bayliss, Richmond
member of the State Board of Elec-
tions, told The Star last night no
decision has been reached on draw
ing lots-a procedure provided under
one section of the law.
Lynch Agrees to Recount,
I'VE have no legal authority to
require lots to be drawn to settle
tie votes" Mr.. Bayliss said, "and
in any case we can draw only with
the consent of both candidates"
Mr.. Lynch said recount, if or.
dered by the court. would be accept
able to him and said he would file,
petition with the court In the
event Mr.. McCandlish should with.
draw his action.
Mr.. Bayliss said 1t was his opinion,
and that of other members of the
State board with whom he had
talked, that court action for a re-
count would take precedence over
any drawing. In any event, he
added, the board would be unable
to hold a drawing before Tuesday.
The State board has not yet received
certification of the primary winners
from Chairman George Robey Of
the Fairfax County Democratic
Committee.
Tribunal Required.
Thomas p Chapman, county
court clerk with whom Mr.. Nc
Candlish's petition was filed, said
that under State election laws
three-judge tribunal would be re-
quired to act. The tribunal would
comprise Circuit Court Judge Paul
E. Brown of Fairfax and two judges
of circuit or corporation courts from
areas remote" from Fairfax, he
said.
Mr.. McCandlish contended in his
petition that recount should be
ordered because many Of the cleo
tion judges and counters were
physically and mentally fatigued"
and were unable to tally the votes
accurately.
In addition, he argued, a large
number of the counters lacked ex-
perience so that errors were In
evitable. His petition emphasized,
however, that errors were the result
OF inexperience and were not
brought about by the fault or
fraud" Of the counters.
Drawing Is Debated.
The legal snarl in which the issue
is involved is indicated by a differ
ence of opinion as to whether the
State Board of Elections is required
to break the tie by drawing lots.
Court circles In Fairfax were in
clined to disagree with the interpre-
tation of Mr.. Bayliss and some held
that a tie-breaking drawing of lots
Is mandatory.
Another question yet to be settled
involves the deadline-which Is
Tuesday-for the filing of candi-
dacies of all Offices in the November
general election. Court action and
a recount to determine the victor
In the contest by that time is almost
an impossibility.
Mr.. Bayliss expressed the belief
that both candidates could be certi-
fed as Democratic nominees and
after a court determination of tha
issue. the name of the losing candi-
GATE could be stricken from names
to be printed on the ballots.