Media release from the office of Kirk Cox on December 12, 2017
Virginia House of Delegates Republican leaders Kirk Cox, Todd Gilbert, Tim Hugo, and Nick Rush released the following statement Wednesday on House District 94.
Last night after the recount was completed, our team became aware of a question surrounding an uncounted ballot. During the recount, election officials were presented with an overvote. One Republican official, and a recount observer, believed at the time the ballot was a clear vote for Delegate David Yancey. However, a Democratic official persuaded the Republican official to not count the ballot. This morning, the Republican official wrote a letter to the recount court explaining that he made the wrong decision yesterday, and that he believes the ballot should count for Delegate Yancey.
We asked the recount Court to consider this ballot. After review, the recount court agreed to count the ballot for Delegate Yancey. The Court has confirmed the election result as a tie vote.
While it appeared yesterday that Shelly Simonds was elected, it’s obvious now that the result will remain unclear for a while longer. The State Board of Elections will publicly meet to make a determination by drawing lots, after which the loser may request an additional recount. As we have said consistently throughout this process, we are committed to an open, fair, and honest election in which every lawful vote is counted.