Virginia State Board of Elections chairman James Alcorn holds up the name of David Yancy the winner of a drawing of lots to decide a House of Delegates seat
The next day, however, a three-judge panel with the Newport News Circuit Court, which was tasked with certifying the results, decided that one of the ballots that was ruled invalid should not have been, leaving the race tied.
The Newport News Circuit Court's decision means that a lottery-style drawing will go ahead as planned on Thursday to determine the victor of the race between Democrat Shelly Simonds and Republican incumbent David Yancey.
The State Board of Elections certified Yancey's selection after a short ceremony in the state's Patrick Henry building in Richmond after picking his name out of a ceramic bowl.
Shelly Simonds and David Yancey were tied following a recount in the 94th district race.
After the Democrats swept Virginia races in November, this statewide race had the power to determine the balance of the Virginia House of Delegates.
Yancey won the tie-breaking drawing on Thursday.
Republicans will have the majority in the Virginia House of Delegates, but they know it is not going to be an easy road for passing through legislation. That initial vote was overturned as a recount produced an additional ten ballots for Yancey, one of which was illegible but counted for Yancey by the court.
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In a guest column for The Roanoke Times, Toscano insists the "only real solution" in the 28th District is to void the results and "hold a new election in which all voters. can receive correct ballots and vote for the candidate of their choice." Why?
At the heart of the dispute is a single ballot on which the voter filled in the bubble for both Simonds and Yancey. "Today we have witnessed an unprecedented event", Virginia State Board of Elections Vice Chair Clara Belle Wheeler declared after the vote.
The court allowed the drawing to proceed Wednesday. Democrats have asked for a do-over in that race because scores of voters received the wrong ballot.
With Yancey's win, the GOP appears poised to retain control of the chamber.
If the session begins with the District 94 seat still uncertain, Republicans would remain in control by a 50-49 majority.
Simonds could choose to ask for another recount of the original ballots, though observers from both parties acknowledge it would likely be hard to convene another recount panel in time for the Virginia General Assembly to convene on January 10 in Richmond.
Thomas beat Democrat Joshua Cole by 73 votes. A hearing regarding the request for a new election is scheduled for Friday in Alexandria.
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