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U.S. NEWS A5
Thursday 28 December 2017
Party control for Virginia up in air after contested race
NEWPORT NEWS, Va. (AP) — If Simonds wins the 94th by 10 votes to Yancey. Then drew a single slash through public meeting.”
Which party will control Vir- District, Republicans and she appeared to have won the bubble for Simonds.
ginia’s House of Delegates Democrats will be forced a recount by a single vote Simonds’ campaign ar- “If the court requests guid-
next year remains far from
certain after a Democratic ance from the entire State
candidate petitioned a
court to declare her the Board, we would comply
winner of a race that is of-
ficially tied. with any court order,” Al-
Shelly Simonds has asked
a three-judge panel to re- corn said.
consider its decision to strip
her of a one-vote victory But Alcorn said recount
she won after a dramatic
recount of last month’s courts typically seek ad-
election in Newport News.
Her lawyers argue that the vice from the Department
judges committed clear
legal errors, including the of Elections’ staff.
counting of a ballot for her
Republican opponent, in- If the court stands by its
cumbent Del. David Yanc-
ey, after the recount end- decision and the elections
ed.
So far, the court has sched- board draws names, the
uled no hearings on the
matter. But the petition was loser could still petition the
enough for state elections
officials to delay a plan to same court for a second
draw names from a bowl
on Wednesday to declare recount, according to Re-
a winner. State law pre-
scribes the “drawing of becca Green, co-director
lots” to resolve a race that
has been certified a tie by of William & Mary’s Election
a recount court. In a state-
ment Tuesday, however, Law Program.
the elections board said
such a drawing should only “Virginia statute permits the
be used as a last resort.
Even if the court upholds loser of the draw to peti-
the tie vote and names are
drawn from a bowl, legal tion for another recount,”
experts say the loser can
still petition for a second re- Green said.
count.
Virginia’s General Assem- “In that case, the same
bly convenes Jan. 10, with
party control of the House recount procedure would
of Delegates hanging in
the balance. The Repub- happen a second time,
licans hold a 51-49 seat
edge, which could change meaning candidates
once this race is decided.
Democrat Shelly Simonds reacts to the news that she won the 94th District precincts by one vote would presumably have a
following a recount in Hampton, Va. Simonds, the Democrat in a tied race for a Virginia House
seat that could affect which party controls the chamber says she’ll ask a court to declare the tie second chance to chal-
invalid. Simonds’ lawyers said Tuesday, Dec. 26, that they’ll ask the court to reconsider its ruling
after last week’s recount. lenge overvotes and other
(Joe Fudge/The Daily Press via AP) ballots.”
Reached by phone on
Wednesday, Simonds said
to share power. Or chaos last week. gues it was not given the a second recount would
could ensue. A day later, the recount same chance to identify
Court clerk Gary Anderson court in Newport News de- and challenge ballots post- be “negative for our com-
said the judges received Si- clared a tie. recount. The lawyers also
monds’ petition on Wednes- Simonds’ lawyers claim the said the ballot counted for munity.”
day, but he could not say court erred when it allowed Yancey had two extrane-
when a hearing might take Yancey’s campaign to ous markings, which should She said the process would
place if the panel decides challenge a ballot after the disqualify it from the vote.
to consider it. Court officials recount ended. The ballot Simonds’ campaign add- likely “descend into every
have said any hearing will was identified only after a ed that a ballot can be
likely require some plan- Republican election official like a “Rorschach Test” and ballot being contested to
ning ahead of time. raised concerns the follow- urged the court to seek ad-
Parker Slaybaugh, a ing day. vice from the Department the courts.”
spokesman for the House On the ballot in question, of Elections and Virginia
Republican leadership, the voter had picked Re- State Board of Elections in “And instead of the citizens
said party leaders are still publican candidates in interpreting the ballot.
reviewing Simonds’ filing to statewide races. For the Board chair James Alcorn making the determination
determine if they will file a 94th District, the voter filled said in an email that the
response in court. in the bubble for Yancey only way for the board to on questionable ballots,
Simonds appeared to have and the bubble for Si- provide such guidance
lost November’s election monds. But he or she also “would be for us to hold a it would be the courts. It’s
better to have that process
led by fellow citizens.”
Whoever wins the 94th Dis-
trict race, the fight over
control of the House may
not end there. A lawsuit is
pending over ballots in a
hotly contested race in the
28th District in the Freder-
icksburg area.q
