Board of Elections reschedules name draw for 94th district

Democrat Shelly Simonds, left, and Republican Del. David E. Yancey, right.

NEWPORT NEWS, Va. (WAVY) — The Virginia State Board of Elections announced Friday that they will reconvene on Thursday, Jan. 4 at 11 a.m. to draw a winner for the House of Delegates 94th district.

Republican Del. David Yancey’s legal team sent a letter to the Board Friday morning encouraging them not to postpone the name draw any longer.

“This could have been avoided,” said Delegate Kirk Cox, R-Colonial Heights.

The Board of Elections postponed the random drawing to decide a winner for the 94th district on Wednesday after Democrat Shelly Simonds filed paperwork asking the judges to reconsider their latest recount decision.

“Three judges made a decision as to the intent of the voter and that’s exactly what the statute is intended to do,” Yancey’s attorney Mark Braden added.  “They make judgments.”

Yancey’s attorney Trevor Stanley filed three motions in court Friday morning, saying Simonds’ legal team has not presented any new evidence to challenge the decision made by a panel of three judges on Dec. 20.

“I think that’s disturbing for representation to folks in the 94th,” Cox added.  “I think they (Republicans) feel they will have more leverage on opening day (if the seat isn’t filled).”

Simonds won the initial recount by one vote on Dec.19. The next day, Yancey appealed a single, controversial ballot.  The three judge panel ruled in his favor, which brought this race to a tie.

“Unfortunately my opponent David Yancey has caused this delay by making an end run-around the rules just because he didn’t like the results of the recount which both Democratic and Republican observers agreed I won fair and square,” Simonds said Friday.

Yancey’s team stated in their letter that “drawing names is the only resort” and “this Board has an obligation to resolve this election as quickly as possible…”