Virginia officials postpone draw to decide tied statehouse election

Virginia delays tie-breaking drawing in House of Delegates race

The State Board of Elections meets Wednesday morning to draw lots to break the tie in the 94th District in Newport News between Republican incumbent David Yancey and Democrat Shelly Simonds.

They're asking the State Board of Elections to hold off on tomorrow's drawing...and for the court to reconsider its decision to count the ballot that tied up the race.

Mrs. Simonds lawyers asked the three-judge panel in Newport News to reconsider their finding last week that the race ended in a tie and to declare her the victor.

Now it's 51-49 in favor of Republicans.

Simonds told reporters that the case had implications not only for her contest but for the integrity of state elections as a whole, saying that without a court ruling in her favor, "recounts would become a never-ending spiral of courtroom challenges".

More news: Trump continues attack on Federal Bureau of Investigation , calls Clinton dossier 'garbage'

Simonds and Republican David Yancey were scheduled to have their names drawn out of a bowl to determine a victor Wednesday. They also said they had written to the Virginia State Board of Elections asking it to postpone the name-drawing until the court decides whether to act in response to the motion. Simonds' attorneys called the decision a "clear legal error", running "contrary to Virginia law".

'On Wednesday the judges chose to allow my opponent to pull one vote and look at one vote, and that is not part of the recount process. The ballot wasn't counted due to the confusion over the voter's intention. Initially Yancey won by ten votes.

Democratic lawyers argued proper procedure wasn't followed and it was too late to make such a claim.

At stake is which bills are taken up and moved for votes.

Before the November 7 general election, Virginia Republicans held 66 seats to the Democrats' 34 in the House of Delegates, along with a majority in the state Senate.

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