The winner of a crucial Virginia House of Delegates race will be decided Thursday by drawing after judges rejected the Democratic candidate's challenge of a vote that could have broken the tie.
The names of Republican incumbent David Yancey and Democratic challenger Shelly Simonds will each be printed on pieces of paper and placed in a ceramic bowl. One name will be drawn, and the winner will claim the 94th district seat in Newport News.
If Yancey wins, the GOP will retain its majority by 51-49. A victory for Simonds splits the House 50-50.
But the drawing may not be the end of it. Yancey declined an offer from Simonds to make the drawing final.
"I am not going to deny myself or the people of the 94th district due process simply because of the unnecessary delays that have got us to this point," Yancey said in a statement.
More: Drawing for tied Virginia race postponed; Democrat to fight contested ballot
More: Virginia Democrat Shelly Simonds wins race by one vote
Both sides now say they may press for a recount or go to court if they lose the drawing — or ask the House to pick the winner, which would appear to favor Yancey.
On election night, Yancey appeared to have won the race by several votes. A recount last month put Simonds on top by one vote, but the victory was short lived. The next day a three-judge panel ruled the race a tie, thanks to a ballot that marked circles next to both her name and Republican candidate David Yancey.
The ballot had been thrown out, but the judges determined its should be counted because Simonds' circle had a slash through it. The judges on Wednesday rejected a request from Simonds to reconsider their decision.
However the race is decided, it may not determine the balance of power in the House. Democrats have raised a challenge in another district, won by the GOP candidate, in which some voters were provided an incorrect ballot. A court hearing on that race is set for Friday.
Contributing: The Associated Press
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