Democrat Shelly Simonds beat incumbent Republican David Yancey in the 94th District race by a margin of a single vote, said Trent Armitage, executive director of the Virginia House Democratic Caucus.
In a statement, the Virginia House Democratic Caucus called the court's decision "wrong" and said, "We are now assessing all legal options before us as we fight for a just result". As for Virginia Republicans, maybe it makes at least a few of them more willing to make some legislative deals.
Simonds' declined to comment through her husband, Paul Danehy, who answered her phone. And it gets even better: Whoever is the loser after the lots are drawn could potentially then ask for another recount of the original ballots. She appeared on MSNBC's Morning Joe show and joked about being called "Landslide Shelly". All that appeared to be left was the official certification of the vote by three-judge panel on Wednesday. They cited concerns raised by a GOP election official who participated in the recount.
The recounted votes still must be certified by a court on Wednesday.
That brings the race for the 94th district in Virginia to a tie: 11,608 to 11,608.
As she waited with her sister and daughter outside the building where the recount was conducted, Simonds said she wasn't going to celebrate until she had confirmation from the city registrar. Two recounts remain in other districts.
Trevor Stanley, a lawyer for Yancey, argued that the slash in Simonds' bubble clearly meant that the voter was picking Yancey.
Judges have been in recess for two hours. There were 23,866 votes cast in this district on Election Day, and when the first results were counted, Yancey held only a 10-vote lead over Simonds.
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The election's outcome likely will decide partisan control of the House of Delegates.
November's elections had shrunk the Republicans' 66-34 majority in the House to a 51-49 edge.
Simonds win means the House is evenly split 50-50 between Democrats and Republicans. But if no agreement can be reached, prolonged chaos could ensue.
After an election recount that appears to give them a tying vote in their chamber, Virginia House Democrats plan to meet Wednesday to select a would-be speaker. The 94th District had by far the slimmest vote difference and the biggest chance of flipping.
Attorneys for Republican Del.
A fourth recount in the Fairfax County-centered 40th District confirmed the victor as incumbent Del.
After a recount Tuesday had Democrat Shelly Simonds declaring victory by a margin of one vote over Republican Del. The last of this year's recounts will be in the Fredericksburg and Stafford County area on Thursday.