Republican Delegate David Yancey declared winner in race tied after disputed recount
♦By Rich Shumate, ChickenFriedPolitics.com editor
RICHMOND (CFP) — Republicans have retained control of the Virginia House of Delegates after a random drawing to settle a race in Newport News that remained tied after a disputed recount.
Republican Delegate David Yancey will get to keep his seat after his name was drawn from a bowl by James Alcorn, chairman of the State Board of Elections, as Yancey’s Democratic challenger, Shelly Simonds, looked on.
With Yancey’s win, Republicans will hold 51 seats in the House of Delegates, to 49 for Democrats, although Democrats have gone to federal court to overturn another race in which their candidate lost narrowly in a recount.
Speaking to reporters after the January 4 drawing, Simonds refused to concede and said “all options are on the table,” including possible legal action to contest the outcome in District 94.
Yancey, who didn’t attend the drawing, issued a statement saluting Simonds on running a “great campaign.”
“The election is behind us, the outcome is clear, and my responsibility now is to begin the work I was re-elected to do,” he said.
Despite falling short of control, Democrats made an astonishing breakthrough in the November vote in Virginia, nearly overturning a 66-34 Republican House majority by flipping 15 seats and taking out 12 GOP incumbents, including many veteran lawmakers in the Washington, D.C. suburbs.
Democrats also carried all three statewide races, including a win by Governor-elect Ralph Northam, and only trail Republicans by one vote in the Senate, where the GOP holds a 21-19 majority. Northam takes office January 13.
The drawing to settle the contest in District 94 was the latest bizarre twist in the seesaw battle between Yancey and Simonds that has roiled Virginia politics for more than eight weeks.
After the initial results were reported, Yancey held a 10-vote lead. Then, a December 19 recount overturned Yancey’s margin and showed Simonds ahead by one vote. But when a panel of judges met to certify the results the next day, they decided to count a ballot for Yancey in which the bubbles for both candidates had been filled in but the bubble for Simonds was crossed off.
With that ballot counted, Simond’s single vote lead became a tie, which, under Virginia law, had to be settled by drawing lots.
Simonds asked the judges who counted the disputed ballot to reconsider, but they refused, saying they had complied with state law in determining the intention of the voter who filled out the ballot, who had voted for the Republican candidates in all of the other races.
The unusual circumstances of the drawing drew a large crowd to the Patrick Henry Building in Richmond, despite a snow storm. Slips of paper with the names of both candidates were put inside film canisters and then placed in a large bowl and mixed, with Alcorn selecting the winner.