24 Hours After Historic Win by One Vote 3 Judges Just Decided This Ballot Was Meant as a Vote for the Republican

Election Now to Be Decided by ‘Lot’ – Literally a Coin Toss or Similar Method

It’s been a crazy 24 hours in Virginia. In a race for the Newport News state House of Delegates seat, a recount on Tuesday changed everything. And all because of one vote – and one voter.

The Republican in the race, GOP incumbent Delegate David Yancey had been ahead by just 10 votes. After the recount, he lost the race – by a single vote.

That vote handed Democrat Shelly Simonds the seat, giving Democrats 50 seats, and Republicans 50 seats. 

Literally one vote changed everything.

But on Wednesday, a three-judge panel allowed one ballot that had been deemed invalid, to be included in the vote count. And the judges decided the intention of the voter who cast the ballot, despite not knowing who the voter is. They looked at the paper ballot, which had the circles for both candidates darkened in, but a line through the circle for Democrat Shelly Simonds, and decided the voter who cast that decisive ballot intended for their vote to go to Republican David Yancey.

Here’s a copy of the actual ballot, via The Virginian Pilot:

If you were one of the three judges, how would you have ruled?

Now the votes for the Newport News seat are tied, 11,608 to 11,608.

The winner will be determined by lot.

“A coin flip. A name pulled out of a hat. A short straw,” is how The Virginian Pilot describes whatever process judges will use to determine who gets the seat – and if Republicans control the entire House of Delegates.

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