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Va. election now tied, winner to be picked by chance

A three-judge panel certified the 94th District in Newport News as tied at 11,608 to 11,608.
Voters cast their ballots on Election Day November 04, 2008, at Centreville High School in Clifton, Virginia.

A court has now declared a tie in a Virginia House election that one day earlier appeared to have gone to a Democrat by a single vote.

A three-judge panel certified the 94th District in Newport News as tied at 11,608 to 11,608 on Wednesday, a day after a dramatic recount appeared to give Democrat Shelly Simonds the victory over Del. David Yancey.

Yancey successfully challenged an uncounted ballot he said should have been included in his total.

By state law, the winner of the tie will be determined "by lot." It was not immediately clear how or when that will take place.

WATCH: Breaking down how ths happened & the winner could be declared

The outcome likely deciding partisan control of the House of Delegates. If Yancey wins, Republicans will hold on to power by one seat, 51-49. If Simonds wins, a rare power-sharing agreement would have to be brokered between Democrats and Republicans.

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