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2005 SESSION

052722476
HOUSE BILL NO. 2344
Offered January 12, 2005
Prefiled January 11, 2005
A BILL for the relief of Laura B. Rodes.
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Patron-- Putney
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Referred to Committee on Appropriations
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Whereas, on November 2, 2004, Laura B. Rodes (Ms. Rodes) and Dr. Keith Jones (Dr. Jones) were contestants in the election for a seat on the Bedford County School Board to represent Bedford County's District 5; and

Whereas, according to the election results certified by the State Board of Elections, Dr. Jones received 1,712 votes and Ms. Rodes received 1,711 votes; and

Whereas. Ms. Rodes lost the election by one vote, which amounted to a margin of less than one-half percent of the total votes cast; and

Whereas, pursuant to § 24.2-801 of the Code of Virginia, Ms. Rodes petitioned the Circuit Court of Bedford County for a recount; and

Whereas, the complexity of the recount procedure required Ms. Rodes to obtain legal representation; and

Whereas, the recount of the votes reached same one-vote margin of victory; and

Whereas, Ms. Rodes incurred legal fees totaling $1,500 resulting from the legal representation she obtained; and

Whereas, subsection E of § 24.2-802 of the Code of Virginia provides that the costs of a recount shall be assessed against the county or city comprising the election district when there is between the candidate apparently elected and the candidate petitioning for the recount a difference of not more than one-half percent of the total votes cast for the two candidates; and

Whereas, pursuant to this code provision, the costs of the recount were assessed against Bedford County; and

Whereas, the costs for the recount did not include the attorneys' fees incurred by Ms. Rodes; and

Whereas, Laura B. Rodes has no other means to obtain adequate relief except by this body; now, therefore,

Be it enacted by the General Assembly of Virginia:

1.  § 1. That there is hereby appropriated from the general fund of the state treasury the sum of $1,500 for the relief of Laura B. Rodes, to be paid by check issued by the State Treasurer on warrant of the Comptroller upon execution by Laura B. Rodes of a release and waiver forever releasing (i) the Commonwealth or any agency, instrumentality, officer, employee, or political subdivision thereof; and (ii) all other parties of interest from any present or future claims she may have against such enumerated parties in connection with the aforesaid occurrence.