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Tied VA race, with balance of power in question, could be decided "by lot"

The race in a crucial Virginia House of Delegates district is now tied, after judges on Wednesday reviewed a recount that gave the Democrat a one-vote edge over the Republican — and that had seemingly tied up the balance of power in the state. 

Under Virginia law, such a tie should be determined "by lot" — and the names may literally be pulled out of a hat, election officials told the Richmond Times-Dispatch. 

On Tuesday, a recount in Virginia's 94th House District in Newport News yielded a one-vote advantage to Democrat Shelly Simonds over Republican David Yancey, pending final certification Wednesday from a three-person panel. But that three-person panel on Wednesday decided one confusingly marked ballot should be handed to Yancey, tying the votes for each candidate. A win for Democrats in this House district would tie the state's lower chamber, 50-50. 

House Democrats in a statement Wednesday said they are reviewing all legal options.

"Today's decision by the court was wrong, and Delegate-elect Shelly Simonds should have been certified the winner. We are currently assessing all legal options before us as we fight for a just result," Virginia House Democratic Caucus attorney Marc Elias said in a statement. "The Republicans themselves had affirmed that this result was accurate yesterday before changing their minds today. After conceding this seat and their majority, they are now desperately trying to claw both back 'like a snarling dog that won't let go of a bone.'"

Two more recounts are still scheduled for later this week in House races. 

Going into the November elections, Republicans enjoyed an almost 2-1 majority in the House of Delegates, with a 66-34 edge over Democrats. Republicans have controlled the state House since the turn of the century in 2000. 

Virginia's House races in November yielded overwhelming victories for Democrats. In Prince William County, a transgender woman who campaigned heavily on local issues like infrastructure beat out the socially conservative incumbent Republican Bob Marshall, who has been vocal about his criticisms of LGBT agendas. 

This is a developing story and will be updated.

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