Judges deny motion to reconsider recount decision in tied House of Delegates race

Posted at 1:49 PM, Jan 03, 2018
and last updated 2018-01-03 16:29:00-05

NEWPORT NEWS, Va. – A panel of judges have denied a motion from Democratic candidate Shelly Simonds to undo the recount decision in the 94th district race.

Click here to read a copy of the ruling in the recount race

The State Board of Elections will randomly select the winner in the tied House of Delegates race on January 4 by picking names out of a bowl.

Following the judges’ decision, Simonds proposed allowing the winner of Thursday’s drawing to stand with no further litigation or challenges. In response, Yancey said he wanted to follow the process laid out in state law. “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,” he said in a statement. The loser of the drawing can request a second recount.

Shelly Simonds and David Yancey remain tied following a recount in the 94th district race. The General Assembly session begins on January 10th. In a conference call on Friday morning with reporters, Del. Kirk Cox, the Republican House leader, said if the process isn’t complete by then, no one will be seated and Republicans would organize at a 50-49 advantage.

The board’s chairman, James Alcorn, previously postponed a scheduled drawing of names after Simonds filed the court motions challenging the tie and requesting the judges declare her the winner.

Republicans also filed several court filings opposing the Democrats’ court motions. “[Democrats are] trying to litigate their way to victory and try this case in the court of public opinion versus what the law says,” said Del. Cox. “Their efforts could deny the people of the 94th district representation in the House of Delegates.”

The continued back and forth between the parties and candidates means its likely the race will be unresolved after Thursday’s drawing.