Simonds goes to court over contested Newport News house seat

Simonds goes to court over contested Newport News house seat

David Yancey, is asking a three-judge recount court to delay Wednesday's scheduled random drawing that is set to decide the outcome of the race and likely decide control of Virginia's General Assembly.

On Tuesday, lawyers for Simonds asked the court to reconsider its decisions about the race, saying they were "manifestly unjust", and suspend its order certifying the vote. They say in the letter that as long as a determination is made by January 10, when the legislative session begins, it shouldn't make a difference.

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 motion is on behalf of candidate Shelly Simonds, who formally requested a recount in the 94th district after the results had her losing by 10 votes in the November 7 election, WTKR reports. The ballot wasn't counted due to the confusion over the voter's intention.

Any change after that precinct count was completed violates a rule banning multiple counts of the same precinct, Simonds argued.

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.

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On it, bubbles for both Yancey and Simonds were filled in, and there was a slash through the bubble for Simonds.

No ballots were set aside as "challenged" after the recount. They also said the election official is inexperienced and didn't speak up enough to stop the recount process.

Virginia State Board of Elections Chair James Alcorn told CNN that the board is "reviewing the situation".

Simonds said this legal challenge was necessary to protect the integrity of Virginia's electoral system. Because Tuesday is a holiday, it will have to wait until Wednesday for a response.

On Wednesday, the state Board of Elections is slated to determine a victor of the race between Shelly Simonds (D-Newport News) and Del.

Separately, Democrat Joshua Cole could file a contest Tuesday with the House of Delegates, asking for a do over of the 28th District race in parts of Stafford and Fredericksburg, where he lost to Republican Bob Thomas by 73 votes, but dozens of people cast ballots in the wrong races.

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