Story highlights A controversial decision caused the vote to end in a tie

The Virginia State Board of Elections was set to hold a lot draw on Wednesday

(CNN) The tie-breaker to settle a dramatic race for a seat in Virginia's House of Delegates has been delayed, after lawyers representing Democratic candidate Shelly Simonds filed a motion asking a trio of circuit court judges to reconsider their decision to allow a controversial ballot to be counted as a vote cast for her Republican opponent David Yancey.

The decision to count the controversial ballot toward Yancey turned the race, which a recount panel had declared a one-vote victory for Simonds, into a tie.

The state was set to settle the election in a name drawing on Wednesday, but the Virginia Board of Elections has delayed the drawing until at least next week.

James Alcorn, the chairman of the Virginia Board of Elections, explained the decision on Twitter, saying, "After receiving notice of the pending litigation concerning the HD94 election, we have decided to postpone tomorrow's planned drawing."

"While our planned drawing for tomorrow was in full compliance with the Code of Virginia, neutral election administrators should not be choosing election winners -- or influencing the next Speaker of the House," he continued. "Drawing names is an action of last resort. Any substantive concerns regarding the election or recount should be resolved before a random drawing is conducted. This will best serve the voters of HD94 and the rest of the Commonwealth."

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