House of Delegates race

Democrat Shelly Simonds reacts to the news that she won the 94th District precincts by one vote following a recount in Hampton Va. Simonds the Democrat in a tied race for a Virginia House seat that could affect

During the hearing, Republican lawyers argued the line through Simonds' bubble was meant to cross off her name and vote for Yancey.

Ezra Reese, an attorney for Simonds, said Tuesday that the court erred in following election law because it allowed an uncounted ballot to be challenged by Yancey's campaign after the recount concluded.

The Democratic House of Delegates candidate who is now tied with the Republican incumbent for the 94th District in Newport News is challenging the election recount that resulted in a tie.

The State Board of Elections was scheduled to draw a victor on a Wednesday, but according to the Virginian Pilot, a spokesperson for the House Republican Caucus confirmed that the drawing has been postponed. If Simonds were declared the victor, it would split party control of Virginia's House 50-50.

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Last week, the same panel ruled a single ballot in the recount-originally tossed out-should go to Republican David Yancey, putting the vote at a tie.

Shelly Simonds' lawyers said Tuesday that they'll ask the court to reconsider its ruling after last week's recount.

Simonds appeared to have lost November's election by 10 votes.

If Simonds were declared the victor in the 94th District in Newport News, it would split control of the legislature 50-50. Election officials had planned to draw names from a bowl Wednesday.

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The recount had Simonds winning by one vote.

"At the end of the day, this is really about the integrity of elections in Virginia", Simonds said in a conference call with reporters. For the 94th District, the voter filled in the bubble for Yancey and the bubble for Simonds. The ballot wasn't counted due to the confusion over the voter's intention.

Simonds's campaign has also requested the drawing be delayed so it can convince the court that the vote shouldn't be counted. The motion will be filed tomorrow, as circuit courts are closed today.

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