On Friday, December 29, 2017 the Virginia Board of Elections announced it will hold the drawing by lot for the winner of the 94th District race on January 4, 2018 at 11:00 AM unless the three judge circuit court recount panel in Newport News has by that date granted Democrat Shelly Simonds Motion for Reconsideration. Her motion alleges an extra vote for Republican David Yancey should not have been counted and she asks the court to declare her the winner of the election.
As I have noted previously, Simonds’ chances of having her Motion for Reconsideration granted are dim at best.
The House Republican leadership also weighed in on Friday with a statement that ““The work of the General Assembly begins on January 10, regardless of the outcome in House District 94. We have a budget to balance, schools to improve, and an opioid crisis to fight,” said Speaker-designee Kirk Cox. “Democrats have sought to delay and obstruct at every turn. Virginia law lays out a clear process to resolve issues; they’ve ignored that process and sought to litigate their way to victory. Ultimately, their efforts could deny the people of the 94th District their rightful representation in the House. This is a deliberate strategy to make it more difficult for the House to organize smoothly and to improve their negotiating position.”
The statement by the House Republican leadership contains links to the various pleadings in this matter.