Published: Wed, December 27, 2017
Global | By Enrique Rogers

Drawing for tied House race delayed; Democrats to file challenge

Drawing for tied House race delayed; Democrats to file challenge

A recount appeared to declare candidate Shelly Simonds victorious over Republican Del.

The rare spectacle of filling a legislative seat by drawing one of two candidates' names out of a pitcher has drawn widespread interest, in no small part because a Democratic victory would mean that the House, where Republicans had a 16-seat majority before the November 8 elections, would be split 50-50 when the legislature convenes January 10.

No word has yet been given by her opponent David Yancey's on the request. Wheeler said she expects the court to act on Simonds' motion quickly, because "there is some urgency involved here".

The state board of elections did not respond to an email seeking comment, but Mrs. Simonds' legal team said there is no hurry for the board of elections to hold the tie-breaker given that members of the House of Delegates are set to be seated on January 10. David Yancey, a day after an official recount certified her the victor by one vote.

Shelly Simonds' lawyers said Tuesday that they'll ask the court to reconsider its ruling after last week's recount.

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The ballot showed ovals for both candidates filled-in, but Simonds' bubble was then crossed out - and the rest of the ballot was filled out exclusively in favor of Republicans. If Yancey wins, the Republicans will retain their majority by the slimmest possible margin.

Simonds isn't arguing that the intent of the voter who casted the contested ballot was unclear.

The Simonds campaign filed the motion electronically, CNN reported.

Before the November 7 general election, Virginia Republicans held 66 seats to the Democrats' 34 in the legislature, along with a majority in the state Senate. "That was a violation of Virginia law and it was a violation of the court order, and it was contrary to State Board of Elections guidance".

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