Drawing for tied House race delayed; Democrats to file challenge

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On Wednesday, a member of the State Board of Elections is scheduled to pick a film canister carrying a piece of paper with the name of the victor out of a bowl.

The Simonds campaign has asked the board to delay the drawing.

Alcorn told CNN that the board is "reviewing the situation". Wheeler said she expects the court to act on Simonds' motion quickly, because "there is some urgency involved here".

Simonds said this legal challenge was necessary to protect the integrity of Virginia's electoral system.

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Simonds thought she had a one-vote victory over Delegate David Yancey after the recount, but the judges declared a tie after examining a disputed ballot and awarding it to Yancey.

Now, she's arguing that the court failed to follow state election rules after a controversial vote was counted to tie the race. The ballot wasn't counted due to the confusion over the voter's intention. The panel of judges agreed.

The ballot showed ovals for both candidates filled-in, but Simonds' bubble was then crossed out - and the rest of the ballot was filled out exclusively in favor of Republicans. Initially Yancey won by ten votes.

Virginia Department of Elections spokeswoman Andrea Gaines confirmed that the agency had postponed the lottery, as Democrats had requested. She accused Yancey, a six-year incumbent, of trying to do "an end run" around proper election procedures. But that's not what Simonds' lawyers are questioning. "The good news is we have lots of time before the seatings of candidates".

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Now it's 51-49 in favor of Republicans.

If you want to know in real time whether Republicans will control the House of Delegates in 2018, you're in luck. The person voted for Republicans in other state elections.

Before the November 7 elections, Republicans outnumbered Democrats in the House 66-34.

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