NEWPORT NEWS, Va. (WVEC) -- The Democratic House of Delegates candidate who is currently tied with the Republican incumbent for the 94th District in Newport News is challenging the election recount that resulted in a tie.
The campaign for Shelly Simonds said they are filing a Motion for Reconsideration, asking that last week's three-judge decision be suspended.
Simonds request for a delay has been granted.
The Chairman of the Virginia State Board of Elections tweeted that the pending litigation concerning the HD94 election caused the postponement of the drawing.
SBE meeting postponed. More details to follow. pic.twitter.com/9IA9qmZmvc— VA Dept of Elections (@vaELECT) December 26, 2017
Simonds thought she had a one-vote victory over Delegate David Yancey after the recount, but the judges declared a tie after examining a disputed ballot and awarding it to Yancey.
The ballot, a copy of which was obtained by our partners at The Virginian-Pilot, shows both candidates' names are bubbled in for the 94th District race, but Simonds' name has a slash over it.
Simonds and her attorneys are asking to delay drawing the name of the winner tomorrow at 11:00 a.m. The motion will be filed tomorrow, as circuit courts are closed today. #13NewsNow— Chenue Her (@ChenueHer) December 26, 2017
The State Board of Elections originally planned to meet Wednesday morning to draw lots and break the tie.
If Simonds' becomes the victor, the House of Delegates will be evenly split between Democrats and Republicans.
While our planned drawing for tomorrow was in full compliance with the Code of Virginia, neutral election administrators should not be choosing election winners - or influencing the next Speaker of the House. Drawing names is an action of last resort. (2/3)— James Alcorn (@jamesalcorn) December 27, 2017
The Chairman of the Virginia State Board of Elections also said any concerns regarding the election or recount should be resolved before a random drawing is conducted.
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