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Three-Judge Panel Rules That Disputed Ballot in HD-94 Counts for Del. David Yancey (R); Drawing Tomorrow to Determine Winner [UPDATE: Shelly Simonds Statement]


The following ruling was issued earlier this afternoon by the three-judge panel overseeing the recount in Virginia’s 94th House of Delegates district. Following this ruling against Democrat Shelly Simonds (“Petitioner”) and for Republican Del. David Yancey, tomorrow at 11 am, the State Board of Elections will proceed with its drawing of one name from a glass bowl to determine the winner in this district – and potentially control of the Virginia House of Delegates.

Key quotes from the ruling include: 1) “The Court does not find that its ruling allowing the ballot challenge by Mr. Mallory to be clear error or to cause manifest injustice”; 2) “It was clear to the court that the line was not a partial erasure or obliteration of the mark for the petitioner. Thus, the issue was whether the line through the mark was a scratch out…the Court found that it corresponded to the definition of a scratch” and as such “shall be counted as a vote for the candidate for which the mark was not erased, scratched out or otherwise obliterated”; 3) “Petitioner’s Motion for Reconsideration is respectfully denied.”

P.S. Also see the tweet, below, by the head of the Virginia State Board of Elections…

  • From the VA House Democratic Caucus:

    Simonds Calls on Yancey to Accept Results of Drawing

    NEWPORT NEWS, Va. – Following a ruling of the Newport News Circuit Court to deny her motion to reconsider their previous ruling that reversed her one-vote victory to a tie, Shelly Simonds today called on Delegate David Yancey to agree not to challenge the results of tomorrow’s drawing, regardless of who is named the winner:

    “I am disappointed by the court’s ruling, with which I disagree,” said Simonds. “However, I recognize that the people of the 94th District deserve to have representation on Jan. 10, and a second costly recount is not in their interest. I respectfully ask Delegate Yancey to enter into a mutual agreement that the loser of tomorrow’s drawing will not request a second recount, contest the election in the House of Delegates, or pursue any other action challenging the result. I have no interest in delaying this process, and I hope Delegate Yancey and House Republicans agree.”

  • Audio: Shelly Simonds comments on today’s court ruling


  • Not surprisingly, Yancey declines Simonds’ offer…