Sunday, 22 July, 2018

Democratic candidate asks Virginia elections board to delay tiebreaker until court decision

Democrats file motions to suspend judges' decision to declare tie in Newport News Va. House of Delegates race Simonds to legally challenge 94th District tie, drawing postponed
Faye Gross | 27 December, 2017, 04:11

The Democratic House of Delegates candidate who is now tied with the Republican incumbent for the 94th District in Newport News is challenging the election recount that resulted in a tie.

Simonds told reporters on Tuesday that the court must rule in her favor to prevent "recounts [becoming] a never-ending spiral of courtroom challenges".

If Simonds were declared the victor in the 94th District in Newport News, it would split control of the legislature 50-50 - with a newly elected Democratic govenror.

If the race is still in limbo by that date, neither candidate would be seated - giving Republicans control of the chamber with 50 seats to the Democrats' 49. Simonds stands by results from Tuesday's recount (which had her winning by one vote).

The State Board of Elections originally planned to meet Wednesday morning to draw lots and break the tie.

The state board of elections did not respond to an email seeking comment, but Mrs. Simonds' legal team said there is no hurry for the board of elections to hold the tie-breaker given that members of the House of Delegates are set to be seated on January 10.

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Simonds is running againt Republican Del.

The recount had Simonds winning by one vote. A state court then ruled the counters had wrongly credited a ballot to her. If Yancey wins, the Republicans will retain their majority by the slimmest possible margin.

Democratic lawyers argued proper procedure wasn't followed and it was too late to make such a claim. But a day later, and after a whirlwind toufr of TV interviews, her Cinderella story found its pumpkin.

But either way, the Democrats posted historic gains this year in the wake of Republican Donald Trump's stunning White House victory in 2016.

If you want to know in real time whether Republicans will control the House of Delegates in 2018, you're in luck.

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