VA Supreme Court Dismisses Candidate’s Appeal To Stay On Ballot In Forgery Case

September 13, 2018 11:54 a.m.

The Virginia Supreme Court on Wednesday dismissed independent congressional candidate Shaun Brown’s appeal of a lower court’s ruling that she be kicked off the ballot in Virginia’s 2nd Congressional District.

Brown’s name first appeared on the ballot due in part to a signature-gathering effort by campaign staffers for Rep. Scott Taylor (R-VA), her would-be Republican opponent in the race. Dozens of signatures collected by the Republican’s staffers were later found to be fraudulent, spurring a Democratic lawsuit, which led to Circuit Court Judge Gregory Rupe kicking Brown off the ballot earlier this month.

But, the Supreme Court said Wednesday, Rupe’s issuance of a temporary injunction to keep Brown’s name off the ballot “leaves pending [the Democratic Party of Virginia’s] corresponding request that Brown be permanently enjoined from appearing on the ballot until such time as she collects sufficient valid signatures” and therefore “lacks the finality necessary to serve as a predicate for this Court’s general appellate jurisdiction.”

In addition, the court said, “To the extent Brown could be considered as asking this Court to reverse the circuit court’s grant of temporary equitable relief arising from the unappealed finding of widespread perjury and fraud, Brown has not produced the underlying documents necessary to review such a request.”

Read the court’s dismissal of Brown’s appeal below:

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