Heather Curtis
WMAL.com
WASHINGTON (WMAL) – A recount court denied a request by Democrat Shelly Simonds to re-consider the decision that the race for the 94th District House seat is a tie, so the drawing for a winner will happen Thursday morning weather permitting.
Gov. Terry McAuliffe told reporters Dec. 22 the names would be drawn out of a hat, but Alcorn said each name will be placed in a film canister and drawn from a glass bowl.
Once the winner’s chosen, Alcorn said the board’s role in this process will be finished.
If Yancey wins, Republicans would have a 51-49 majority in the house. If Simonds wins, the house would be split 50-50.
“There is an open question about whether or not there will be a recount after the drawing tomorrow,” Alcorn told WMAL Wednesday.
Virginia codes says the loser of any drawing in the case of the tie can request a recount, but Alcorn said it’s unclear if that applies when the drawing for a tie is happening after a recount has occurred.
The question is not one that will be decided by the state board of elections.
— (Originial version of the story from 1/2/17 is below.)–
The winner for Virginia’s tied 94th District House seat is scheduled to be picked out of a hat Thursday unless a court intervenes, according to the chairman of the Virginia Board of Elections James Alcorn.
The drawing was originally scheduled for last Wednesday but was postponed after Democratic challenger Shelly Simonds said she would challenge the tie with Republican Delegate David Yancey in court.
GOP House Leader Kirk Cox criticized Democrats for causing what he called “politically motivated delays.”
Simonds blamed Yancey for the delays and said he made an end run around the rules because he didn’t like the results of the recount.
Originally it looked like Yancey won by 10 votes, but Simonds was declared the winner by one vote after a recount. Then a three-judge panel said a disputed ballot that had not been counted was a vote for Yancey. That left the race tied.
Both sides have fought for this seat because the winner could determine which party controls the Virginia House of Delegates.
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