NEWPORT NEWS, Va. (WVEC/AP) -- A three-judge panel in Newport News awarded one contested ballot to Republican Del. David Yancey on Wednesday, which tied the race for the 94th District Va. House of Delegate seat.
The race is now tied at 11,608 to 11,608.
Yancey lost the Virginia House of Delegates contest by one vote in an unofficial recount Tuesday.
His campaign challenged a single ballot, based on concerns raised by a GOP election official who participated in the recount.
Attorneys for Republican Del. David Yancey presented a letter written by the official to a three-judge panel Wednesday.
The official wrote that although he signed off on the ballot, which was not counted a day earlier, he was confused at the time.
He wrote that the ballot had both candidates' names bubbled in for the 94th District race, but Simonds name was slashed out. He says the voter had chosen Republican candidates in every other race.
Attorneys for Democrat Shelly Simonds said the ballot should not be reconsidered.
The judges met to certify Tuesday's recount. If Simonds' win holds, control of the House would be tied.
Following the unofficial recount results Tuesday, Simonds appeared to beat Yancey in the 94th District in Newport News 11,608 to 11,607.
A rare power-sharing agreement would have to be brokered between Democrats and Republicans if those results hold.
The State Board of Elections will determine who the winner is "by the drawing of lots." It isn't immediately clear how or when that will take place yet.