RICHMOND, Va. (WRIC) — Democratic candidate Shelly Simonds is asking the Virginia State Board of Elections to delay making a final decision in the tied House of Delegates election in the 94th District until courts can rule on a petition to have a single ambiguous ballot thrown out.
The request was made just one day before a tiebreaker was set to take place to determine the race’s winner.
In a letter to the State Board of Elections, Simonds’ lawyers said they have filed a petition with the recount-panel, and are waiting for them to rule on their motion for suspension and motion for reconsideration of the ambiguous ballot.
They said that they think the ruling by the panel of judges may make the tiebreaker drawing unnecessary. They say in the letter that as long as a determination is made by Jan. 10, when the legislative session begins, it shouldn’t make a difference.
No word has yet been given by her opponent David Yancey’s on the request.