it was just only yesterday that the democratic candidate in this race democrat shelley simons was celebratingthis district. well, it turns out the attorneys for the republican bent david yancy successfully argued to ballot that was originally ruled a no vote and when that vote was counted it was a vote for yancy, so where does that leave us tonight? well, it's deadlocked even-steven. 11,608 votes for each candidate so that means by virginia rule they are now going to move on to a random draw. now, what that means is whoever gets selected next wednesday will be the winner. the attorneys for the republican incumbent explained exactly what election officials saw on that balloting question while the candidate himself says he is glad election officials are being careful. >> grateful for the justices for the time that they took to deliberate and i'm really grateful that every vote has been counted. >> simons had a mark through the little bubble and mr. -- delegate yancy's had the bubble filled in. >> reporter: you can't get more of a nail-biter than this. we did reach campaign today for comment. we

the democrat shelley simons was down 10 votes this morning. she just took the lead by one vote in the final return to the recount. moving to house of delegates from a 51/49 republican balance to a 50/50 split. shelley simons winning by one vote, virginia democrats say, which means virginia's government has swung in power by a measure of just one vote. at the live desk, i'm scott macfarlane. >> boy, you heard the term razor thin margin before. that's a razor thin margin. >> yes, thinner than that. >> that's amazing. thank you, scott. >>> all right. let's go back into the way back machine. where were you eight years ago today? >> frankly i don't remember, but i am told shoveling snow. do you remember snow pocalypse? 16.4 inches of snow fell that day, shutting down retailers days before holiday shipments were held up and travelers were stranded, some churches even had to cancel services the next day. >> i can't believe you can't remember that. unbelievable. >> i don't remember the day. just the snow. so far no sign of any snow like that, though,

here its how shelley simons reacted to that on msnbc. >> what happened? opponent really pulled a stunt the next day. they came and kind of said in front of the judges that they wanted a redo on one ballot. if we were going to be pulling out individual ballots you can believe me we would have had a few we wanted the judges to look at as well. so it was really very unfair. >> simons legal team filed suit asking a judge to reconsider the decision. argue the original recount should stand. because the the court's decision declared a tie and then decided by board to draw the winner was unprecedented in virginia election law history. the drawing now postponed until a judge rules on that new motion. there are still two seats being contested. as the it stand now. republicans hold 50 seats. democrats, 49. if simons is successful the state house will be tide republicans would lose their majority and share power with the democrats. really something to watch. now that is our show tonight. i have one more thing before signing off. want to till you, former independent c

was all decided because this race wound up in a tie and it was just yesterday the democratic shelley simons was celebrating what she thought was an historic vote in a recount but attorneys for republican delegate david yancy successfully lobbied a three judge panel to count one ballot. that ballot had been ruled a no vote. but eventually it was ruled as a vote for yancy. now, that ballot tied this race at 11,068 a piece. they officially certified that the 94th district is in a deadlock and because of the rules in virginia, they will now go to the random draw. attorneys for the democrats refuse to comment but they did not say what they plan to do next although the attorney for the republican, the incumbent himself says he's glad election officials are being careful about this vote. >> grateful for the justices for the time that they took to deliberate and i'm really grateful that every vote has been counted. >> simons had a mark through the little bubble and mr. -- delegate yancy's had the bubble filled in. >> reporter: now fox5 reached out to the simons campaign tonight but we have not hear

democrat shelley simons thought she had won this yesterday. it was going to be a historic vote.urns out republican delegate david yancy his lawyers successfully argued that judge to count that ballot. it was originally marked in such a way that they weren't quite sure, shawn whether or not they had voted for voted for the republican. turned out when they looked at it, they realized that there was a mark on it and it did indicate that it was actually for the republican, not the democrat so here we go, next wednesday, richmond, you're going to pull out the glass bowl and they'll be figuring this out. >> i'm grateful for the justices for the time that they took to deliberate and i'm really grateful that every vote has been counted. >> simons had a mark through the little bubble and mr. -- delegate yancy's had the bubble filled in. >> it's really amazing that 2017, we're going to decide who runs the house of delegates. >> and it might not be over is that correct? because if they pull it out and whoever wins doesn't like the way it came out -- >> yeah. >> can ask for a recount. >> i

related twist, in a virginia house race democrat shelley simon losing her 1-vote lead against david yanceydge panel determines the race as a tie following a ballot in question were a voter filled the bubble next to both candidates. board of elections will pick a winner at random possibly using a blue for the draw. if the republicans hold control of the house by one seat, some back and forth going on. a picture-perfect homecoming just in time for christmas, and army wife carried a cardboard cutout of her husband around a christmas story keeping him there in spirit while he was deployed in afghanistan but parents had a christmas miracle. photo bombing his wife coming home a month early. >> best christmas present ever. >> it is incredible. >> the best in the world. >> he was gone for six months and they only got to speak one time during his deployment. can you imagine that? the time is 11 minutes after the top of the hour and who is responsible for the opioid epidemic? cities now suing big drug companies, they think they have a case. dave chapelle trading comedy for class warfare. >> you are

yesterday a dramatic recount appeared to give democrat shelley simons a one-vote victory.would have resulted in an even split in the statehouse. today a three-judge panel certified the 94th district in newport news as tied. we'll keep you posted on that. coming up next, when we come back, tax reform finally making it through congress. we will get reaction and talk about what's next with the pane panel. the best simple salad ever? heart-healthy california walnuts. the best simple pasta ever? california walnuts. the best simple dinner ever? great tasting, heart-healthy california walnuts. so simple, so good. get the recipes at walnuts.org. eight hundred dollars whenlmost we switched our auto and home insurance. liberty did what? yeah, they saved us a ton, which gave us a little wiggle room in our budget. wish our insurance did that. then we could get a real babysitter instead of your brother. hey, welcome back. this guy... right? yes. ellen. that's my robe. you could save seven hundred eighty two dollars when liberty stands with you. liberty mutual insurance. ♪ >> seems like

newport news republican incumbent david yancy and democrat shelley simons are stuck in a tie.ons saying the race is proof that every vote counts. >> it really is a lesson in democracy. and my kids at school, their teachers, their friends come in and say, yeah, i voted for your mom. and people at the grocery store, i was that one vote, shelley. i'm going to hear that for a long time. >> that race is getting national attention. >> it is, and tom sherwood joins us now. by law they are going to decide that race by pulling a name out of a hat. what kind of a way is that to handle it? >> that fredericksburg case might be a court case and h a but this case, they're going to richmond next wednesday. the election official is going to get a hat, some kind of hat. their names are going to be in cannisters, put them in the hat. i'm not sure who exactly is going to pick the name out of the hat. but whoever wins, wins. if it's the democrat shelley wins, the house will be 50/50. >> this hasn't happened in decades. so, what will happen, everybody talks about the republicans and the democrats

democrat shelley simons picked up 11 votes in that recount to win the seat by just a single vote. a three-judge panel still has to certify those results. it's scheduled for tomorrow. this will be the first time in 17 years that republicans haven't held a majority in the virginia house. >> an anc commissioner in the district is facing a number of charges after a suspected drunk driving stop that ended with him allegedly urinating on the floor at the police station. officers stopped paul tranthem over the d.c. line in prince george's county after they noticed he was swerving. blood shot eyes, they smelled alcohol. he failed a field sobriety test and shouted he knew the county executive. officers took him to the station where he allegedly shouted racially charged words, and then urinated on the he is charged with d.u.i. and resisting arrest. >> a woman pulled from a burning apartment here in the district is now the fifth person to die from fire this year. first responders rescued monica allen from her unit on downing place, northeast, but overnight she died in the hospital. last year

now yancy and shelley simons are tied again. it has to be resolved by the equivalent of a coin toss. we are working to learn when that's going to happen. >>> we want to know what you think about all this. do you think it's fair to determine the balance of power in the virginia house by pulling a name out of a bowl? so far most of you say you don't like that ideas. find the poll on our facebook page and tell us what you think. >> here in the district the family of an elected official have become victims of a holiday grinch. neighbors and relatives staying with the councilmember for the holiday weekend got hit hard overnight by thieves. news4's mark segraves has this story in northwest. >> reporter: the thieves came under the cover of this shepherd park neighborhood just off of 16th street, hitting car after car. this one belonging to a family visiting for the christmas holidays. and a few feet away in the same block, they hit this car. and the thieves weren't done. they broke into a third car, and then a fourth car which they sto

today by exactly one vote and the winner of that election to the virginia house of delegates shelley simonsw. thank you very much for joining us. that one vote has had enormous power. you shifted the balance of power in the state legislature. now as i understand it is a tie republicans and democrats in the house? shelley, can you hear me? >> i can hear you now. >> shelley, is it now a tie between democrats and republicans in the house? >> yes. i believe we're going to be going into a power-sharing arrangement. >> and so that means that the republican leaders of the legislature no longer have that power where they had yesterday, really, where they could decide what that body was going to do. >> yes, what a difference a day makes in virginia. >> and the -- you had run before in 2015 and you were beaten by about 2,000 votes at that time, but the vote count was much lower. turnout of about 14,000, this time your turnout was 23,000. seems like turnout made the difference. >> it really did make the difference. last time i ran, it felt like we had a matter and nobody showed up. this time, everybod

the virginia board of elections made that announcement a short time ago after democrat shelley simons announced she would legally challenge the outcome of a recount. election officials were planning to pull a name out of the bowl tomorrow to determine the winner of house district 94. simons originally thought she had won a recount by a single vote over the republican delegate david yancy. a court determined it should be decided by a random drawing after the ballot was disputed. >> still ahead, the first police radio calls for help after a fire erupts in a family home. >> and a young girl makes a tragic discovery. >> caller advising her mother and father were shot. >> what we know about the suspected gunman's troubling ties to a hate group as plce zero in for a motive on the murder. >> some people blaming metro for the loud noise in their homes and what the transit agency plans to do about it. >> reporter: many of you headed back to the malls today, some to get rid of those unwanted gifts, make those returns, others taking advantage of some pretty big sales. but as you head back here,

a court on wednesday threw out one disputed ballot and ruled the race a tie between democrat shelley simonsnd republican david yancy. according to virginia state law in the event of a tie the winner is chosen by lot. the board of elections said the winner will likely be chosen by drawing a name out of a glass bowl. >> that is crazy to me by the way. >> i know. >> just to think that an election will come down to someone drawing a name out of glass bowl. >> and who would think out of all of the hundreds of years of doing this that in this day and age we would have a better system. >> unless they think it's just so -- the chance is so slim, you know, it would actually come down don't know. >> i think they could play like rock paper scissors or something. >> make it a competition. >> yeah, best out of three. all right. so, a lot of people hitting the roads today so it's going to be busy for you. >> we'll have big problems. >> but people will have to worry about the weather. >> only thing they have to worry about is turning the heat on and wearing a jacket. 34 in manassas 28 in fredericksburg. n

we will have more on shelley simons' one vote victory outspoken critic of vladimir putin gary kasparovorning joe" will be right back. it's the final days of the ford year end sales event. ♪ i'm on top of the world, hey. ♪ it's your last chance of the year to get our best offer of the year: zero percent financing for seventy-two months, plus an extra one-thousand cash back across a full lineup of ford cars, trucks and suvs. so hurry and save big on america's best-selling brand. it's the final days of the ford year end sales event with zero percent financing for seventy-two months plus an extra one-thousand cash back! see your ford dealer before jan 2nd and save. when you're clocking out. i'm the one clocking in... sensing your every move and automatically adjusting to help you stay effortlessly comfortable. i can even help with a silent night. does your bed do that? i don't actually talk, but i can tell you how you slept. i'm the new sleep number 360 smart bed. let's meet at a sleep number store. [ mouse clicks, keyboard clacking ] [ mouse clicking ] [ keyboard clacking ] [ mouse clicki

held this morning, now virginia's board of elections has put that drawing on hold as democrat shelley simonsays the disputed ballot that tied the race with incumbent republican david yancey never should have been counted. simons is expected to file the legal paperwork today, the action sets up never-ending recounts t. board postponed the drawing because quote drawing names is an action of last resort. before the 2017 elections, republicans had an advantage in virginia's house of delegates. they control 50 seats the democrats have 49, with this race still to be decided. antique pitcher aside. this is a consequential recount. because it tips the balance of power. >> first of all, i applaud your segue between the electric bill -- >> there was none. plowed right through it. >> a good structuring of segments. >> i'm still on the electric bill. >> so this is just the most absurd story i feel like. because we're talking about tens of thousands if not hundreds of thousands of people's health care future. >> right. >> decided often one name drawn from an antique pitcher. i don't know how you define a

day after democrat shelley simons was thought to have won her race by a single vote a.-judge panel determined the result actually is a tie t. ruling came after republicans challenged this questionable ballot. one ballot, two bubbles filled in. it was later determined to be a vote for the incumbent david yancey. the ballot gives simons and yancey 11,608 votes. under virginia law the board of elections will now choose the winner by lot. which means they will likely pull names out of a hat. literally to determine who wins the seat. they will also state that the loser of the drawing may petition for a recount. casey hunt. >> good lord. >> you fight for a campaign, it comes to a guy reaching into a hat. >> it's unreal. the consequences of, i remember playing this game as a kid, over god knows what. but the consequences of this are potentially incredibly enormous. not because this one race hinges on this, control of the state legislature. they have huge questions to answer, whether to expand medicaid, for example, there are rights group was are talking about various issues, b

of elections put that on hold, democrat shelley simmons says the disputed bal lot i should say that tied the vote never should have actually been counted. simons is expected to file the legal paperwork today that the action sets up never ending recounts the board postponed the drawing because quote drawing names is an action of last resort. before the 2017 election, republicans had a 66-34 advantage. as it currently stands, they control 50 seats t. democrats have 49 with this race still to be decided. >> and utah's orrin hatch the longest serving republican in the senate had an awkwarder action with the largest newspaper this week as the salt lake tribune ran a christmas day editorial naming hatch the benefit of the year. the editorial was no honor, quote it has everything to do with his pardoning dismantling two moums and passing an i don't have haul of the nation's tax code and utter lack of integrity that rises from his unquenchable thirst for power. patch's spokesperson appeared to be doing damage control claiming he was tongue in cheek and his twitter account retweeted a message from the salt lake republican party who said hatch should be