For many Americans, Virginia’s election cliff-hanger brought back memories of the 2000 U.S. presidential election. That famous race—between Republican George W. Bush and Democrat Al Gore—came down to a difference of just 537 votes out of almost 6 million cast in Florida. With Bush ahead in that state and the results challenged in lawsuits, the U.S. Supreme Court halted a recount there, effectively awarding Bush the state and the presidency.
While nowhere near as far-reaching as a presidential race, the stakes in Virginia were high. Yancey’s win allows Republicans to retain control of the Virginia House by one seat. If Simonds had won, the chamber would have been split 50-50. And it all came down to one questionable ballot.
“This is right up there with Bush v. Gore in my opinion in terms of the unbelievable sequence of events that have led us to where we are,” says Rebecca Green of William & Mary Law School in Virginia.
A first count of ballots showed that Yancey had won by 10 votes. But Simonds asked for a recount. And in the second count, she gained 11 votes—making her the winner by one ballot.
But the next day, a three-judge panel, upon reviewing the recount, allowed an additional, contested ballot to be counted for Yancey. That ballot had the names filled in for both candidates but a slash mark through Simonds’s name. The race was declared dead even—and Virginia held its first tiebreaker in decades.