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Prosecutor goes to court to get on the ballot

Update: (9/8/11, 3:50 p.m.) Judge Harry Taliaferro has upheld the local electoral board’s decision invalidating Wayne Emery’s petition. According to the Northern Neck News, Emery plans to file further injunctions immediately.

A 16-year Virginia prosecutor could be unseated this year because his election paperwork was found to be defective after the registration deadline passed.

Richmond County Commonwealth’s Attorney Wayne Emery will ask a judge today to order that his name appear on November’s ballot, despite a finding by the county electoral board that his candidate petitions were not in proper form.

Emery contends, through attorney Jim Breeden, his staff checked more than once with the local registrar to make sure his paperwork was in order. They were told it was, Breeden said.

Only after the filing deadline passed, a newspaper inquiry led to a determination that there were problems with Emery’s petitions, reports the Northern Neck News. The electoral board consulted with Richmond lawyer Andrew McRoberts and unanimously decided Emery’s petitions were unacceptable.

Circuit Judge Harry Taliaferro last week put a hold on the situation with a temporary injunction barring the registrar’s certification of candidates, but another hearing is set today (Thursday).

Emery, 74, is being challenged in the November election by Warsaw lawyer James Monroe. Emery says he will run as a write-in candidate if his name is not on the ballot.

By Peter Vieth

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