NEWPORT NEWS, Va. _ The election in the Virginia 94th House of Delegates District is now a tie, after a three-judge panel ruled that a ballot that was rejected in Tuesday's recount should be counted as a vote for Del. David Yancey, R-Newport News.
The judges deliberated for several hours behind closed doors over whether they should look at the ballot, whether anyone could be sure which ballot it was and finally what the markings on it really meant.
In the end, they ruled: yes, yes and Yancey.
That ruling on the previously uncounted ballot means Democratic challenger Shelly Simonds' one vote lead _ and the possibility of an evenly divided House of Delegates ending 17 years of GOP control _ has faded, for now.
The next step is for the count to be certified by the State Board of Elections, and then lawyers for both parties have to figure out how to move forward, Yancey and campaign manager Johnny Alvarado said.
A lawyer for Simonds and the Democrats would not comment on what's next or whether they'll appeal.
State election says when an election is tied, the winner will be chosen by lot. The code does not say how this is to be done, but in some of the handful of town and county elections that ended in ties, the winner was selected by a coin flip.
