Is the Senate within the Margin of Litigation?

Rick Hasen explores this question on the Election Law blog.

gsmcneal (www):
It will be very interesting to see how Virginia absentee ballots play out, in particular given the large number of military absentee voters in Virginia. With Webb's veteran status, military absentee ballots may not necessarily break as heavily Republican as they have in previous elections. I'm not sure if anyone is blogging on the absentee ballot issue, or if there's any data on the net about how many absentee ballots there were in previous VA elections, but with a margin of under 8,000 votes absentee ballots may decide the outcome.

In any case, if this election was indeed a referendum on the war, having military absentee ballots decide control of the Senate does seem quite appropriate.
11.8.2006 9:52am
Virginia at least makes an attempt to count absentee ballots together with regular votes. Do they honor absentee ballots that arrive after Election Day?
11.8.2006 10:55am
If I am reading the available data right, it seems likely the final certified margin will stay within a few hundred of 7000 (give or take). I tend to agree with Hasen that gap it is outside the "margin of litigation", particularly if the public has come to accept Webb as the winner in the meantime. But I guess we shall see.
11.8.2006 11:59am
In fact, my "official" (back-of-the-envelope) estimate is a margin of 6685.
11.8.2006 12:24pm
It is currently 7407, by the way.
11.8.2006 4:09pm