Republicans win 'lot draw' for Virginia House seat

Now Playing Watch tie-breaking draw...
(10 Videos)
Story highlights
- The winner was chosen through a quirk of democracy established by a 1705 Virginia law
- State legislative races have been settled this way before
Richmond, Virginia (CNN)GOP incumbent David Yancey won a "lot draw" in the race for Virginia's House of Delegates Thursday, giving Republicans control of the chamber.
The
quirk of democracy came as the Virginia Board of Elections used the
procedure laid out in a 1705 law to settle the 11,608-to-11,608 tie
between Yancey and Democrat Shelly Simonds for the seat.
James
Alcorn, the chairman of the board of elections, drew a film canister
with Yancey's name out of a blue and white ceramic bowl made by Virginia
artist Steven Glass.
After the lot draw, Simonds did not rule out seeking a second recount, saying "all options are still on the table."
"At
this moment, I am not conceding," she said. A spokeswoman for the
state's House Democratic caucus said a statement on the next steps for
Democrats is coming later Thursday.
Still, Alcorn, the election board chairman, said that Yancey is now certified as the winner.
He
said it's an "open question" whether Virginia laws would allow for a
second recount, and that if Simonds asks for one, a judge would have to
settle it.
Yancey did not attend
the drawing. He'd previously resisted Simonds' requests to make the lot
draw the final word in a saga that has dragged on since Democrats
flipped 15 seats, nearly taking control of the previously
Republican-dominated House of Delegates in November's election.
"This
race could not have been any closer, and when I return to the House of
Delegates, I want all residents of Newport News to know I am ready to
serve as their delegate and look forward to hearing how I can improve
the lives of all," Yancey said in a statement Thursday. "Shelly Simonds
ran a great campaign and I thank her for her service on the Newport News
School Board. I look forward to her continued involvement in issues
that matter to the people of the 94th. The election is behind us, the
outcome is clear, and my responsibility now is to begin the work I was
re-elected to do."
State
legislative races have been settled this way before. In Mississippi in
2015, a House seat was decided by the candidates drawing straws (though
the Democratic candidate's win was quickly overturned by the
Republican-controlled state House). In 2006, a coin toss settled a
primary for an Alaska House seat.
But
seldom, if ever, have the stakes been so high. Yancey's win gives
Republicans a 51-49 majority and continued control of the House --
allowing them to stymie Democrat Ralph Northam, who won November's
governor's race. A Simonds win would have forced the parties to share
power in the House.
It was the
second attempt to hold the lot drawing. The first effort, scheduled for
December, was canceled when Simonds asked a court to toss out a ballot
it had previously decided to count for Yancey, resulting in the tie. The
court rejected Simonds' motion on Wednesday.