A three-judge panel in Newport News declared a state house race a tie Wednesday, one day after the city’s board of elections declared the Democratic challenger a winner by one vote, according to a report in the Washington Post.
The decision casts further uncertainty on the balance of power in the Virginia House of Delegates, which had been slated for a 50-50 tie if Democrat Shelly Simonds, the challenger in the 94th district in Newport News, had defeated Republican Del. David Yancey.
“Today’s decision by the court was wrong, and Delegate-elect Shelly Simonds should have been certified the winner,” the House Democratic Caucus said in a statement released by a spokesperson Wednesday. “We are currently assessing all legal options before us as we fight for a just result.”
Neither Yancey nor Simonds responded to multiple requests for comment before publication.
The state Republican party released a statement of its own, supporting Yancey.
“Our entire team has done everything possible to ensure that every single vote has been counted,” Chairman John Whitbeck said in a release. “Delegate Yancey is a fighter. So is every other Virginia Republican. Game on.”
On Tuesday, the Newport News Board of Elections announced after a recount that Simonds had won by a single vote.
But on Wednesday, the Post reported, a three-judge panel in Newport News Circuit Court refused to certify the recount and declared the election a tie.
At issue, the Post said, was one ballot that election officials had discarded during the recount; the ballot had a mark for Simonds, a mark for Yancey and another mark striking Simonds’ name.
After Republicans challenged that decision in court, the panel ruled that the ballot should be counted as one for Yancey.
Yancey and Simonds each have 11,608 votes now, the Post said, and in the event of a tie, the winner is selected by lot under state law, which means, in essence, a coin toss.
The loser of the coin toss can seek a second recount, the Post said.
A Republican press official offered some additional perspective, saying the state board of elections would pick names out of a hat to determine the winner.
“This is not a common or everyday occurrence,” said Jeff Ryer, a spokesperson for Virginia Senate Republicans and a former member of the James City County Electoral Board.
Simonds had filed for the recount in Newport News Circuit Court on Nov. 29, according to her Facebook page.
The Newport News General Registrar’s Office was not immediately available for comment before publication.
The office of Del. Kirk Cox, the Republican majority leader, did not immediately return a request for comment.
The Democratic caucus, however, did not mince words.
“The Republicans themselves had affirmed that this result was accurate yesterday before changing their minds today,” they said in the release. “After conceding this seat and their majority, they are now desperately trying to claw both back ‘like a snarling dog that won’t let go of a bone.’”
Steve Roberts contributed reporting.
