An Election Night Rollercoaster
On November 7, 2017, elections were held for all 100 seats in the Virginia House of Delegates. Democrats, fueled by opposition to the Trump administration, had a surprisingly strong night, flipping numerous seats. In Newport News's 94th District, however, three-term Republican incumbent David Yancey appeared to have squeaked by his Democratic challenger, Shelly Simonds. The initial, unofficial results on election night showed Yancey ahead by just 10 votes out of more than 23,000 cast. While narrow, it looked like a win that would allow Republicans to cling to a 51-49 majority in the chamber. But in a race this close, the story was far from over.
The Recount and the Single Disputed Ballot
Given the razor-thin margin, Simonds requested a recount. On December 19, officials and observers
gathered to re-tally every ballot. As the hours passed, Yancey's lead evaporated. By the end of the day, the tables had completely turned. The final recount tally was 11,608 for Simonds and 11,607 for Yancey. Simonds had won by a single vote. Democrats celebrated what appeared to be a 50-50 tie in the House, a stunning shift after 17 years of Republican control. But the very next day, Yancey's campaign challenged one specific ballot that the recount had discarded. The ballot had bubbles filled in for both Yancey and Simonds, but the voter had also drawn a slash mark through the bubble for Simonds. A three-judge panel agreed with Republicans that the voter's intent was to vote for Yancey, and decided to count the ballot for him. The score was now officially tied: 11,608 to 11,608.
When the Law Says 'Draw Lots'
A tied election is a scenario so rare that many voters don't know the rules. But Virginia state law is clear: in the event of a tie, the winner shall be 'determined by lot'. There is no provision for a runoff or special election. The method of the drawing isn't specified, leaving it to the Board of Elections. In the past, localities had used everything from tricorn hats to glass bowls. On January 4, 2018, after a brief legal delay from the Simonds campaign, the board assembled. The names of David Yancey and Shelly Simonds were written on identical slips of paper and placed into separate film canisters. The canisters were then placed into a cobalt-blue-and-white ceramic bowl created by a local artist, stirred, and the chairman of the board drew one out. The name on the paper was David Yancey.
A 51-49 Majority Decided by Chance
With that simple act of chance, Yancey was declared the winner of the 94th District. The drawing gave Republicans a 51-49 majority in the House of Delegates, allowing them to elect the Speaker and control the chamber's committees. A single vote, which became a tie, which became a random drawing, had determined the legislative landscape for the entire state. Simonds had the option to request another recount but ultimately chose not to. The story wasn't quite over for the two candidates. In 2019, following redistricting, Simonds ran against Yancey again. This time, there was no drama and no drawing from a bowl: Simonds won decisively, finally claiming the seat she had come within a hair's breadth of winning two years prior.
