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GOP incumbent wins random drawing in Virginia House race

January 06, 2018 02:55·
Virginia Officers Reschedule Drawing for Tied State Home Race

Virginia Officers Reschedule Drawing for Tied State Home Race

Virginia's 94th District was decided by a random drawing on January 4, in which Republican David Yancey was declared the victor after his name was pulled out of a ceramic bowl.

The drawing of lots happened after the race between Yancey and Democratic challenger Shelley Simonds ended in tie.

If Simonds ultimately wins, the House would be evenly split, 50-50, between Democrats and Republicans. Adding another wrinkle: Another close legislative race is in doubt because it's locked in a court battle. David Yancey was named the victor of the 94th District by the Virginia State Board of Elections after the tied election was settled by drawing names. Numerous people packed into the room were either reporters or Simonds' supporters. No one predicted that Democrats would flip so many seats in the months leading up to the Virginia election, and the election of a Democratic governor means that Virginians are safe from Republican legislation that would roll back progressive advances in the state.

Simonds endured a long moment of silence as the elections officials certified Yancey as the victor.

Many state workers and staffers who work for Democratic Gov. Terry McAuliffe quickly left the room disappointed and Simonds addressed the media.

Simonds said Yancey is to blame for the delay.

But when asked, she explicitly said her options - including a recount request, were still on the table.

Before the drawing, officials detailed how it would work.

The candidates' names were written on slips of paper and placed in black film canisters, which election officials said were ordered fresh from Amazon for the occasion.

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It's been almost 50 years since a legislative seat was settled by drawing lots in Virginia.

Separately, U.S. District Judge T.J. Ellis III is to decide on Friday, Jan. 5, whether to order a new election for another hotly contested seat. The election has been widely seen as a potential harbinger of the 2018 midterm congressional elections. Initially, it appeared that Yancey had won by 10 votes, but a recount put Simonds ahead by a single vote. However, the next day, a three-judge panel ruled the race a tie, due to a ballot that had marked circles next to both candidates.

Stafford Electoral Board member Doug Filler and Fredericksburg Electoral Board member Aaron Merkel, both Democrats, took a different position than their registrars in a court filing, stating that they support "any appropriate resolution of the matter through litigation to vindicate fully and appropriately the rights of the voters". The candidates are incumbent Republican David Yancey and Democrat Shelly Simonds.

Simonds has yet to concede the election and has 10 days from the decision to request a recount.

The win by Yancey leaves Republicans clinging to a slim 51-49 majority over Democrats in the House. But the race may not be over. The loser could push for a second recount or ask the House to step in and pick a victor. That would leave Republicans with a 50-49 majority as the session opens.

The balance of power in the House could shift again because a lawsuit is pending over the results of another House race in Northern Virginia. Thomas won the November 7 election to succeed retiring House Speaker Bill Howell by 73 votes. But voters filed a federal lawsuit after at least 147 ballots were found to be assigned to the wrong districts.

The first court hearing in the case is on Friday, January 5, and voters want the current victor of the election, Republican Bob Thomas, to be prevented from being seated in the legislature until the issue is completely sorted out.

Cole announced recently that he would not contest the results to the General Assembly, saying in a statement that voters should choose their delegates, not "100 politicians in Richmond".

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