SEVERE WX : Freeze Watch View Alerts
STREAMING NOW: Watch Now

Virginia delays tie-breaking drawing in House of Delegates race

A dramatic race for a seat in Virginia's House of Delegates took another turn Tuesday as lawyers representing Democra...

Posted: Dec 27, 2017 10:05 AM
Updated: Dec 27, 2017 10:05 AM

A dramatic race for a seat in Virginia's House of Delegates took another turn Tuesday as lawyers representing Democratic candidate Shelly Simonds filed a motion asking a trio of circuit court judges to reconsider their decision to allow a controversial ballot to be counted as a vote cast for her Republican opponent David Yancey.

That decision turned the race, which a recount panel had declared a one-vote victory for Simonds, into a tie.

A controversial decision caused the vote to end in a tie

The Virginia State Board of Elections was set to hold a lot draw on Wednesday

The Virginia State Board of Elections is set to hold a lot draw on Wednesday, where the two candidates' names would be put into film canisters and then into a bowl. The first name drawn from the bowl will be declared the winner. The Simonds campaign has asked the board to delay the lot draw.

Simonds' campaign is arguing that there is a 21-day window to request that the court reconsider its decision. They believe that given more time to make their argument, they can convince the judges that the ballot in question should not have been counted.

Simonds said this legal challenge was necessary to protect the integrity of Virginia's electoral system. Her campaign is not necessarily arguing against the intent of the ballot in question, but instead that it was too late in the process to offer up this challenge.

"My opponent made an end run around the clear rules of the recount," Simonds said during a conference call with reporters. "That was a violation of Virginia law and it was a violation of the court order, and it was contrary to State Board of Elections guidance."

The Simonds campaign filed its motion electronically. The court is not open on Tuesday because of the holiday, so the earliest the motion can be accepted is Wednesday, just hours before the draw is scheduled to take place.

Virginia State Board of Elections Chair James Alcorn told CNN that the board is "reviewing the situation." At this point, no change to the schedule has been made.

The outcome of this race will determine control of the House of Delegates. If Democrats win, there will be a 50-50 split in the House, meaning a power-sharing agreement will be necessary. It would be the first time in more than two decades that Republicans did not control that branch of Virginia's government.

This story has been updated with comments from the chair of the Virginia State Board of Elections.

Oregon Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 39794

Reported Deaths: 627
CountyConfirmedDeaths
Multnomah8588154
Marion5509105
Washington538570
Umatilla326743
Clackamas294265
Lane212825
Malheur184733
Jackson15106
Deschutes106213
Yamhill94415
Linn74514
Polk63115
Jefferson5939
Morrow5406
Lincoln50813
Union4562
Benton4166
Klamath3973
Wasco33215
Douglas3164
Hood River2681
Josephine2572
Columbia2471
Clatsop2350
Coos2220
Baker1122
Crook832
Tillamook700
Curry561
Wallowa402
Lake350
Sherman180
Harney130
Gilliam110
Grant100
Wheeler10
Unassigned00

California Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 879645

Reported Deaths: 16982
CountyConfirmedDeaths
Los Angeles2893666877
Riverside640751272
San Bernardino597791021
Orange570711410
San Diego52735853
Kern33448410
Fresno30051429
Sacramento24425468
Santa Clara23355378
Alameda22738433
San Joaquin21187484
Contra Costa18157234
Stanislaus17341392
Tulare17120275
Ventura13901160
Imperial12475335
San Francisco11901133
Monterey1109183
San Mateo10810157
Santa Barbara9608119
Merced9314152
Sonoma8934129
Kings815983
Solano711774
Marin7019124
Madera488673
San Luis Obispo400932
Placer397852
Yolo307356
Butte301950
Santa Cruz270623
Napa188214
Sutter179612
Shasta172329
San Benito140314
El Dorado12834
Yuba125310
Mendocino110321
Tehama7748
Lassen7571
Lake67015
Glenn6393
Nevada5828
Humboldt5549
Colusa5456
Calaveras33317
Amador31316
Tuolumne2494
Inyo21515
Siskiyou1840
Mono1752
Del Norte1731
Mariposa782
Plumas540
Modoc270
Trinity230
Sierra60
Alpine30
Unassigned00
Medford
Clear
47° wxIcon
Hi: 77° Lo: 46°
Feels Like: 47°
Brookings
Clear
70° wxIcon
Hi: 75° Lo: 55°
Feels Like: 70°
Crater Lake
Clear
33° wxIcon
Hi: 70° Lo: 41°
Feels Like: 33°
Grants Pass
Clear
45° wxIcon
Hi: 78° Lo: 46°
Feels Like: 45°
Klamath Falls
Clear
33° wxIcon
Hi: 73° Lo: 36°
Feels Like: 33°
Mostly sunny and warm Tuesday
KDRV Radar
KDRV Fire Danger
KDRV Weather Cam

Community Events