A random draw to determine the winner of the 94th House of Delegates seat has been postponed after Shelly Simonds (D) announced she was filing motions Wednesday seeking to reverse the ruling that tied the Newport News race.
The motions called the decision by a three-judge panel, which captured national attention, a “clear legal error.”
The Chairman of the State Board of Elections, James Alcorn tweeted out the following:
“After receiving notice of the pending litigation concerning the HD94 election, we have decided to postpone tomorrow’s planned drawing. While our planned drawing for tomorrow was in full compliance with the Code of Virginia, neutral election administrators should not be choosing election winners – or influencing the next Speaker of the House. Drawing names is an action of last resort. Any substantive concerns regarding the election or recount should be resolved before a random drawing is conducted. This will best serve the voters of HD94 and the rest of the Commonwealth.”
Simonds’ lawyers sent state election officials a letter asking for the delay. Simonds could not officially file the paperwork in Newport News Circuit Court on Tuesday because it was closed for the holiday.