Democratic candidate asks Virginia elections board to delay tiebreaker until court decision

Lot draw to determine House control will be livestreamed

The Democrat in a tied race for a Virginia House seat that could affect which party controls the chamber says she'll ask a court to declare the tie invalid.

The request was made just one day before a tiebreaker was set to take place to determine the race's victor.

That decision turned the race, which a recount panel had declared a one-vote victory for Simonds, into a tie. But he or she also drew a single slash through the bubble for Simonds. They say in the letter that as long as a determination is made by January 10, when the legislative session begins, it shouldn't make a difference. David Yancey by one vote last week.

The campaign for Shelly Simonds said they are filing a Motion for Reconsideration, asking that last week's three-judge decision be suspended. No word yet on whether this will delay tomorrow's drawing. "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".

Virginia's House would be evenly split between Democrats and Republicans if Simonds is declared the victor.

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A rare power-sharing agreement would have to be brokered between Democrats and Republicans. The voter selected Republicans for other offices. A day later, a court in Newport News declared a tie. Initially Yancey won by ten votes.

The ballot shows the voter filled in the bubble for both Yancey and Simonds, but there was a line through the bubble for Simonds.

The court ultimately counted the vote for Yancey, which brought the tally to 11,608 votes each.

About 120 miles to the north in Fredericksburg, another contest still hangs in the balance, thanks to 100 ballots wrongly distributed to residents of a split precinct who were asked to weigh in on the wrong statehouse race.

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