A three- judge panel declined to certify the recount of a key House race Wednesday, saying that a questionable ballot should be counted in favor of the Republican and tying a race that Democrats had thought they had won by a single vote.
“The court declares there is no winner in this election,” said Circuit Court Judge Bryant L. Sugg, after the judges deliberated for more than two hours.
The court’s decision leaves the race for the 94th District tied at 11,608 votes for each Del. David Yancey, the Republican incumbent, and Shelly Simonds, his Democratic challenger.
And it leaves the balance of power in the state legislature at 49-51, in favor of Republicans – at least for now.
In the case of a tie in a House race, state law says the winner is chosen by lot – essentially, a coin toss, according to Virginia state law.
But it doesn’t end there. If the loser of the coin toss is unhappy with that result, he or she can seek a second recount.
A person who answered Simonds’ cell phone said she was unavailable for comment. Yancey declined to comment to reporters as he walked out of the court house.
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