Ms. Simonds's representative argued before the judges that the disputed ballot should not be counted because it was an example of an "overvote", when multiple candidates for the same race are chosen. No tie-breaking procedure is in place, meaning that any measure that doesn't get 51 votes does not advance. Opposition to President Trump has energized Democratic voters, but they are also angry about Republican state legislators who've narrowed access to voting and have warped the election results in their favor through gerrymandering.
The day after a recount appeared to make Democrat Shelly Simonds the victor in the race, by one vote over Republican David Yancey - and split control of the Virginia House of Delegates, ending GOP control of the chamber after almost 20 years - a circuit court ruling set the vote as tied. "As we have said consistently throughout this process, we are committed to an open, fair and honest election in which every lawful vote is counted". A seat in the House of Delegates that remains undecided will either leave Republicans in control of the chamber or split the House evenly, forcing the GOP to share power with Democrats for the first time in 17 years.
Yancey held a small lead of 10 votes going into the recount on Tuesday. "Simply put, every vote counts".
For this week's nail-biting recount in Virginia, the State Board of Elections has yet to decide precisely when and through which game of chance the tie will be broken.
The final tally: 11,608 for Simonds to 11,607 for Yancey. "This morning, the Republican official wrote a letter to the recount court explaining that he made the wrong decision yesterday, and that he believes the ballot should count for Delegate Yancey".
Here's an image of the ballot in question.
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The army had also posted that "It was wrong not to arrest her immediately, because she tried to block the soldiers' mission". It is alleged that Ahed was arrested for slapping a soldier during a demonstration the day before.
He said the ballot in question contained a mark for Democrat Shelly Simonds as well as a mark for Republican Del.
That means the race is a tie.
"The court declares there is no victor in this election", Judge Bryant Sugg said. Simonds' win also makes the next legislative session the first one in almost two decades in which the GOP won't control the House. At this time, the matter is still with the recount court.
Under state law, the State Board of Elections now has to break the tie in House District 94 through "determination by lot". A decade ago, CT repealed its coin-toss rule in favor of deciding tied races through the Legislature or by a runoff - in other words, a do-over.
In 1991, a former Virginia delegate named Jim Scott won a race by one vote and was nicknamed "Landslide Jim".