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Simonds told reporters on Tuesday that the court must rule in her favor to prevent "recounts [becoming] a never-ending spiral of courtroom challenges".

On Election Day, Yancey appeared to beat Simonds in the 94th legislative district race by 10 votes.

If the race is still in limbo by that date, neither candidate would be seated - giving Republicans control of the chamber with 50 seats to the Democrats' 49.

"This was not only contrary to the plain language of Virginia law, but was also contrary to the language that counsel for Mr. Yancey insisted be included in the Recount Consent Order", Simonds' court filing said. But a December 19 recount left Simonds ahead by a single vote.

Election officials plan to draw names from a bowl Wednesday to settle the outcome.

Simonds filed a challenge with the Virginia Board of Elections over a vote that was counted for her opponent, GOP incumbent Del.

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The ballot in question had bubbles filled in for both Simonds and Yancey, but the bubble for Simonds was crossed out.

The recount had Simonds winning by one vote. Then after the recount he lost by one.

Democratic lawyers argued proper procedure wasn't followed and it was too late to make such a claim. The first name pulled out of the bowl would be declared the victor.

About 120 miles to the north in Fredericksburg, another contest still hangs in the balance, thanks to 100 ballots wrongly distributed to residents of a split precinct who were asked to weigh in on the wrong statehouse race. And, of course, bragging rights for another two years.

The last - and perhaps only other - time the state settled a tied election by "lot" was in 1971, when candidates for a House seat in Fairfax - Republican William Moss and Democrat Jim Burch - each received 16,410 votes.


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