Party control for Virginia up in air after contested race
NEWPORT NEWS, Va. — Which party will control Virginia’s House of Delegates next year remains far from certain after a Democratic candidate petitioned a court to declare her the winner of a race that is officially tied.
Shelly Simonds has asked a three-judge panel to reconsider its decision to strip her of a one-vote victory she won after a dramatic recount of last month’s election in Newport News. Her lawyers argue that the judges committed clear legal errors, including the counting of a ballot for her Republican opponent, incumbent Del. David Yancey, after the recount ended.
So far, the court has scheduled no hearings on the matter. But the petition was enough for state elections officials to delay a plan to draw names from a bowl on Wednesday to declare a winner. State law prescribes the “drawing of lots” to resolve a race that has been certified a tie by a recount court. In a statement Tuesday, however, the elections board said such a drawing should only be used as a last resort.
Even if the court upholds the tie vote and names are drawn from a bowl, legal experts say the loser can still petition for a second recount.