Articles from October 2009

Caroline County Registrar Danette Moen violates the rights of military personnel and other overseas Americans.

Richmond Times-Dispatch:

Despite court prodding and changes in state election laws, 16 Virginia localities have failed to meet a deadline to allow absentee ballots of military personnel serving overseas to be counted on time.

Nancy Rodriques, secretary of the State Board of Elections, said she did not know how many ballots will not be counted.

The local election districts include the cities of Richmond, Colonial Heights and Williamsburg as well as Caroline County.


In last year’s presidential race, about 2,100 military ballots went uncounted. The presidential campaign of Republicans John McCain and Sarah Palin sued the State Board of Elections in U.S. District Court here. After losing the election, the McCain-Palin team withdrew and the U.S. Department of Justice’s civil-rights division intervened.

Local registrars did the mishandling of the ballots, but the State Board of Elections was brought into the suit because it oversees the registrars.

On Oct. 15, U.S. District Judge Richard L. Williams ruled for the second time that the state violated the voting rights of military personnel and overseas citizens last year by failing to mail absentee ballots in time for them to be counted. He gave the state 30 days to count the ballots, even though the counting would make no difference in the outcome. Barack Obama carried the state by 233,000 votes.

UPDATE: Caroline County Registrar Danette Moen released the following statement and, well, you tell me:

Friday September 18th was the first day of absentee. Absentee voting begins 45 days before a General Election. Historically, because the 45th day before the General Election is a Saturday the first day of absentee was the Monday.

A couple of days earlier I checked my ongoing and email reports. Both reports said “No Data Matching Request” The next day I started having trouble with my computer and I thought it was a virus. I found out it was not a virus according to the IT Technician the office computers experienced catastrophic failure and had to be replaced.

I worried myself almost to death over the weekend but, he had a new computer up and running by Monday and I was able to get out my absentee ballots. I decided to recheck my reports because I was sure I had at least one ongoing application.

The reports came back showing some ongoing and email applications I sent those out. I would like to say that even with being a few days later than the first day of absentee, the overseas and military voters that have email received their ballots before they would have a little over a year ago when they had to be mailed.

I have already received part of the ballots back and we have until Election Day to get the others back.

I believe a clarification needs to be made regarding an article in the Richmond Times Dispatch of Oct. 28th 2009. Caroline County absentee ballots for the November 2008 election were out on time. Caroline County counted every eligible absentee ballot that was returned.

Some voters knowing the deadline was close sent their ballots back by express mail others did not.

Can someone please explain to me what the hell that says?

Well, the candidacy of Catherine Crabill has provided some benefits…

It’s allowed us to determine what groups and persons have a shred of intelligence and sanity.

And on that front, it looks like the Virginia Citizens Defense League (VCDL) has joined the Gun Owners of America and the “American Patriots Committee” in showing they shouldn’t be trusted as far as you can throw them:

VCDL-PAC is endorsing the following Candidates who are running for the Virginia House of Delegates:


District 099 Catherine T. Crabill (R)

Welcome to the fringe (and I’m not talking about that great show on Fox), VCDL. I hope you get acquainted with the other crazies there.

FYI: I fully support Aqua Virginia’s proposed rate increase.

Why? Because I love a profitable company. I really love companies that make obscene profits.

In fact, if I had a single spare cent to my name, I would be inquiring about buying some stock in Aqua Virginia (assuming that they provide a regular cash dividend).

But do not fret Aqua Virginia customers, in a year or two President Obama and his newly founded Unification Board will ensure that those evil owners of Aqua are not making any profit. And I am sure folks like Delegate Chris Peace, Supervisors Wayne Acors and Floyd Thomas, and The Caroline Progress will be celebrating.

But — hopefully — by that time, the people at Aqua will have gone on strike and the customers of Aqua will be dying of thirst, unable to take a shower, and their lawns will be dead.

Midas Watson

Victims and families of victims of the Appalachian School of Law and Virginia Tech shootings endorse Albert Pollard for delegate.

The Shad Plank (the Daily Press’s blog) has the details.

Interestingly, Pollard has also secured the endorsement of the National Rifle Association (NRA).

Does Creigh Deeds et al. know anything about the Fredericksburg-area?

On October 17, 2009, Creigh Deeds, Gov. Tim Kaine, and Lieutenant Governor candidate Jody Wagner will all be appearing in Fredericksburg at the University of Mary Washington at 4:00 p.m.

What else is happening on October 17? Why, the Bowling Green Harvest Festival. Yeah, the same Harvest Festival that attracts around 15,000 people, even if it happens to be raining.

Nice one, Creigh.

Advertising FAIL: Germanna Community College.

I was on my way to Richmond this morning on I-95S around 7:30 p.m. listening to the D.J. on 95.9FM (WGRQ). For those unfamiliar with the station, 95.9FM is the self-described “home for the SuperHits of The 60’s & 70’s”, which means this play the same oldies/classic rock every hour. I keep them preset on my radio since they do — on occasion — play some decent classic rock songs (remembering that I’m 21 years old here).

But to get to the point of this blog post, while the D.J. was going into weather or traffic he stated something to the effect of: “Sponsored by Germanna Community College. Inquire about our dual-enrollment program for high school students.”

Advertising a program targeted at high school students. On a oldies/classic rock station.

Do I have to explain how asinine that is? 99.9% of high school students would not voluntarily listen to that station in the first place (and I only tune to it if my other five stations come up with nothing decent). And if for some reason they are in a car with their parents who happen to listen to the station, the youths are going to be listening to music on their iPod or texting or their mobile: i.e., not listening to the ad.

In other words, no one that Germanna Community College is targeting with that advertisement is hearing it.

Advertising FAIL.

For those that are curious: Recalling elected officials in Virginia.

I did a little research (called a Google search in these parts), and I answered my own question from a previous post. First, we don’t have recall elections in this state, but recall trials (seriously). Consult Va. Code § 24.2-233:

Upon petition, a circuit court may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction of the court:

1. For neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office, or

2. Upon conviction of a misdemeanor pursuant to Article 1 (§ 18.2-247 et seq.) or Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and after all rights of appeal have terminated involving the:

a. Manufacture, sale, gift, distribution, or possession with intent to manufacture, sell, give, or distribute a controlled substance or marijuana, or

b. Sale, possession with intent to sell, or placing an advertisement for the purpose of selling drug paraphernalia, or

c. Possession of any controlled substance or marijuana, and such conviction under a, b, or c has a material adverse effect upon the conduct of such office, or

3. Upon conviction, and after all rights of appeal have terminated, of a misdemeanor involving a “hate crime” as that term is defined in § 52-8.5 when the conviction has a material adverse effect upon the conduct of such office.

The petition must be signed by a number of registered voters who reside within the jurisdiction of the officer equal to ten percent of the total number of votes cast at the last election for the office that the officer holds.

Any person removed from office under the provisions of subdivision 2 or 3 may not be subsequently subject to the provisions of this section for the same criminal offense.

Va. Code § 24.2-235 deals with procedure; § 24.2-236 allows for suspension of the official pending the hearing and any appeals; § 24.2-237 deals with who will represent the Commonwealth during the hearing; and lastly, § 24.2-238 deals with the costs associated with the petition.

Clyde Davenport to be stuck in perpetual criminal justice limbo for the rest of his life?

The Free Lance–Star:

A former Caroline County deputy was re-indicted this week on allegations that he feloniously abused a child.

Clyde Charles Davenport, 49, of Ashland, was indicted in Caroline County Circuit Court Wednesday on charges of child abuse, child abuse resulting in serious injury and malicious bodily injury.

According to Commonwealth’s Attorney Tony Spencer, the charges stem from incidents that allegedly occurred between January 2005 and December 2006.

Davenport had been indicted in Caroline County last summer on five counts of forcible sodomy of a child under 13. The indictment followed a state police investigation.

But those charges were recently dropped by Spencer in order to present the new charges.

“We felt that it was appropriate to nolle prosse the old charges first,” Spencer said.

So, Spencer has harassed a man for over a year (since July 2008) on charges that he sexually abused his daughter a youth and since that’s apparently bullshit and couldn’t be proved, Spencer has had to resort to this?

And which of the charges presented are more serious? I would consider the five counts of forcible sodomy to be more serious. If I’m not mistaken, they carry a sentence of up to life in prison for each count. And it took over a year for him to figure out the sexual abuse charges were bullshit and/or couldn’t be proven? If he couldn’t prove those charges, how the hell does he plan on proving these?

And how many years will it take for this case to be nolle prossed? One year, two, maybe three?

And does anyone know if you recall constitutional officers in Virginia?

A tale of two newspapers…

How do you describe an increase in attendance of 5,722 people (2.4%) at an event? Well, that depends on what newspaper you are:

Richmond Times-Dispatch: “Attendance rises slightly at State Fair’s new home”.

The Free Lance–Star: “Virginia State Fair attendance jumps in Caroline”.

Debate amongst yourselves.

Something I missed: All charges against Clyde Davenport dropped.

Clyde Davenport was charged with five counts of forcible sodomy back in July 2008. All charges were dropped on September 30th.

Sound familiar?

I asked regarding a different case and I’ll ask again: “Which office does he go to to get his reputation back?”