Court denies Dem's motion to avoid tie-breaking random draw for Va. House seat

Court denies Dem's motion to avoid tie-breaking random draw for Va. House seat
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A judge in Virginia on Wednesday denied a request from Democrat Shelly Simonds to go over its ruling that the state's 94th District House race resulted in a tie in November. 

The move means the race will still be decided by a random draw on Thursday. 

Simonds is currently tied with incumbent Del. David Yancey (R) at 11,608 votes.

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The ruling comes after Simonds filed a court challenge to the tie, which caused the elections board initially to postpone the drawing.

 

Virginia state law requires that tied elections be decided by lots, which in this case will be drawn from a bowl by an official.

Simonds said in a statement on Wednesday that she has no interest in delaying the process further. 

"I recognize that the people of the 94th District deserve to have representation on Jan. 10, and a second costly recount is not in their interest. I respectfully ask Delegate Yancey to enter into a mutual agreement that the loser of tomorrow’s drawing will not request a second recount, contest the election in the House of Delegates, or pursue any other action challenging the result," she said. 

The winner will be seated on Jan. 10.  

The outcome will have a major impact on Virginia's House of Delegates.

If Simonds beats Yancey in the tie-breaking drawing of lots, the chamber will be split 50-50 between Republicans and Democrats. 

Republicans will keep their 51-seat majority if Yancey comes out on top.

—Updated at 1:51 p.m.