Plans to break a tie in a Virginia House of Delegates race with a random drawing have been put on hold. Democrat Shelly Simonds is challenging the recount results that gave her opponent, Republican David Yancey, one extra vote.
The Newport News Circuit Court was closed Tuesday for the holidays. Paperwork from Democrat Shelly Simonds’ lawyers was sitting in the inbox when the court reopened Wednesday morning
During last week’s recount a three-judge panel reconsidered a ballot that was initially thrown out. They decided the contested ballot was a vote in favor of Republican David Yancey. That left the race at a a tie.
Now lawyers for Simonds are asking the judges to reconsider that decision.
“This really does break the recount process in Virginia if this precedent is allowed to stand,” said attorney Ezra Reese during a press call with reporters.
Reese argues the court didn’t follow proper procedure. He’s hoping a slower process will yield a different result.
“The recount court on Wednesday, as most recount courts do, was moving relatively quickly,” Ezra said. “We believe that putting everything on paper, which allows both time for the argument and time for the consideration of the argument, can often lead to a better resolution.”
A clerk for the court says the judges could hold a hearing or just issue a written opinion. There’s no timeline for when that will happen.
In a written statement James Alcorn, chair of the Virginia Board of Elections, says any concern about the recount should be resolved before they resort to a random drawing.
The 2018 General Assembly session begins January 10th.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.
