- Democrat Shelly Simonds challenging Republican incumbent David Yancey
- After the November election, incumbent Yancey was winner by ten votes
- Tuesday after a recount, Simonds was declared the winner by one vote
- Wednesday a three-judge panel said it was a tie as one disputed ballot was ruled a vote for Yancey
- The winner could now be decided by the equivalent of a coin flip
A race that had appeared to change the balance of power in Virginia’s legislature was ruled a tie on Wednesday, setting the stage for the winner of the outstanding district to be chosen by lot, which could leave Republicans in the legislature’s majority.
The results of a recount on Tuesday showed Democrat Shelly Simonds beating Republican incumbent David Yancey by one vote, enough to shift the 100-member House of Delegates to an even 50-50 split between Democrats and Republicans.
But on Wednesday, a three-judge panel ruled that a disputed ballot should be counted for Yancey, the Virginian-Pilot newspaper reported and Yancey confirmed.
Del. David Yancey talks with reporters outside the Newport News courthouse after a three-judge panel certified the 94th District in Newport News as tied on Wednesday
On Tuesday Democrat Shelly Simonds was told she had won by a single vote. She’s seen reacting to her believed victory here
The two candidates in the 94th District, which includes Newport News in southeastern Virginia, are now tied at 11,608 votes.
Under Virginia law, a tie in a House race should be decided by drawing lots, the equivalent of a coin toss or drawing straws, the Conference of State Legislatures said.
‘I am happy that every vote in Newport News was counted and that the judges took time to deliberate before rendering a decision,’ Yancey said in a statement emailed to Reuters.
Election officials in Newport News, Va., examine ballots that a computer failed to scan. Initially Yancey won by ten votes. Then after the recount he lost by one. But on Wednesday a three-judge panel ruled that a disputed ballot should be counted for Yancey, so now it’s tied
‘This certainly is a historic election in our Commonwealth.’
Simonds could not immediately be reached for comment.
Democrats claimed historic gains in Virginia´s statehouse last month, part of the party´s first big wave of victories since Republican Donald Trump won the White House last year.
Before the Nov. 7 general election, Virginia Republicans held 66 seats to the Democrats’ 34 in the legislature, along with a majority in the state Senate.