Random selection of winning candidate may be delayed
Democrat Candidate Shelly Simonds is attempting to stop the random selection of a winner for a tied Virginia House race.
Wednesday, the names of each candidate will be placed in separate film canisters. Those canisters will be placed into a larger container, then one will be drawn at random. The name drawn will be declared the winner of the race.
But not if Simonds is successful in her legal challenge.
Democrat Shelly Simonds has asked the state Board of Elections to delay its planned Wednesday random-drawing tiebreaker in her race against incumbent Republican David Yancey.
The Board of Elections is set to meet Wednesday morning in Richmond to determine the winner of the hotly-contested House of Delegates race by randomly drawing the winner’s name, most likely out of a bowl.
Simonds’ lawyers, Jonathan Berkon and Ezra Reese, told reporters in a conference call Tuesday that “there isn’t any hurry” and a delay would allow for further review of the tie determination in the contest, 11,608 to 11,608.
Simonds’ camp has filed motions asking a court to declare her the winner and suspend a judges’ panel declaration of a tie last week, arguing that they should not have reviewed the discarded ballot that allowed the race to become tied up. The judges ruled that the previously tossed ballot should have been counted for Yancey, a decision that erased Simonds’ one-point victory and equalized the result.
That ballot in question had both candidates’ bubbles filled in but Simonds’ bubble had a slash mark through it and the judges interpreted that as meaning the voter didn’t want to vote for the Democrat.
After the Simonds’ campaign announced its request for a delay, a spokeswoman for the Board of Elections told NBC News it didn’t have “any further information at this time.”
The race was first declared a win for Simonds, but a judge later ruled the race was tied. If Simonds is eventually declared the winner, the seat flips from red to blue and leaves the Virginia House split 50-50.DONATE
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