NEWPORT NEWS, Va. (WVEC) -- Supporters of Democrat Shelly Simonds are rallying in Newport News, saying she is the rightful winner of the 94th District House of Delegates seat.
After a recount last week seemed to hand the election to Simonds by one vote, officials accepted a ballot for Republican Delegate David Yancey that had originally been rejected, which tied up the race.
A random drawing was supposed to take place Wednesday that would decide the balance of power, but that decision has been delayed.
More than 20 supporters for Simonds are braving the cold outside their opponent's office on Warwick Boulevard, holding signs like "Simonds won fair and square," "A fair and lawful recount," and "Recounts have rules for a reason."
Simonds' supporters are calling for fairness and integrity.
Wednesday's scheduled tie-breaker was postponed after Simonds announced she would challenge the race's vote count in court. Simonds and her lawyers filed a motion for reconsideration after a three-judge panel awarded one vote to Yancey, a day after the recount had Simonds winning with a single vote.
Simonds and her lawyers said the court failed to follow election law by allowing a ballot to be counted after the recount had concluded.
James Alcorn, the Chairman of the State Board of Elections, issued a statement that said in part, "Any substantive concerns regarding the election or recount should be resolved before a random drawing is conducted. This will best serve the voters of HD94 and the rest of the Commonwealth."
The race between Simonds and Yancey is for the 94th District in Newport News. If Simonds were declared the winner, it would split party control of Virginia's House 50-50