The Recount In A Virginia House Race Is One Of The Craziest Political Stories Of The Year
Update, 1/4/2018: After a recount left the race for Virginia's 94th House District tied (and control of the state's House of Delegates hanging in the balance), the winner was determined on Thursday by a random drawing. Republican David Yancey won, keeping control of the House of Delegates in the GOP's hands. Here's how it went down:
Previously: In a year of absurd political stories, the recount in Virginia's 94th House District — which yesterday gave Democrat Shelley Simonds a 1 (1!) vote victory over incumbent Republican David Yancey, 11,608 to 11,607 — is up there with the craziest.
A day after the recount results were announced, Republicans challenged one ballot that the recount ruled a no-vote instead of a vote for Yancey. Here's the ballot:
It's a complicated one:
- The voter voted a Republican ticket — Ed Gillespie for governor, Jill Vogel for lieutenant governor, and John Adams for AG
- The voter marked both Simonds and Yancey for the VA-94 seat
- The voter put a cross through the Simonds bubble, but they also put an "X" through the Gillespie bubble
But after lengthy deliberation, and rejecting arguments from the Democratic lawyers that the recount was done and dusted, a panel of 3 judges ruled that the ballot should, in fact, count for Yancey.
Which means the race is a tie, 11,608 votes to 11,608 votes. Which is nuts. Even more nuts? The race will now be decided by… the drawing of lots. Literally:
If any two or more persons have an equal number of votes and a higher number than any other person for member of the General Assembly or of the Congress of the United States, or elector of President and Vice President of the United States, the State Board of Elections shall proceed publicly to determine by lot which of them shall be declared elected. Reasonable notice shall be given to such candidates of the time when such elections shall be so determined; and if they, or either of them, shall fail to appear in accordance with such notice, the Board shall proceed so as to determine the election in their absence.
And how will the drawing of lots happen?
The stakes of this result, meanwhile, are massive. Simonds' brief victory tied the Virginia House at 50-50, wresting control of the House from Republicans for the first time in 18 years. If Yancey wins the drawing of lots, Republicans will retain control with 51 seats, despite a Democratic wave in the November elections that saw Democrats garner 53% of the total vote.
As we said: It's nuts.