(CNN) A battle over one vote has left control of the Virginia House of Delegates up in the air -- and headed for the winner's name to be drawn at random.

After a recount Tuesday had Democrat Shelly Simonds declaring victory by a margin of one vote over Republican Del. David Yancey and Virginia Republicans conceding defeat, a three-judge panel deliberating the recount Wednesday declared a previously uncounted vote for Yancey valid.

Virginia law says that in the event of a tie, the election board will determine the winner "by lot," after which point Republicans believe the loser can petition for another recount; however, there is some disagreement among Virginia election experts as to how the law should be applied in this case.

James Alcorn, chairman of Virginia's board of elections, told CNN they would like to schedule the lot as soon as possible, hopefully shortly after Christmas. He cautioned that he had not received official word from the recount judges that the lot will be necessary.

The board of elections' process for drawing lots involves printing out both candidates' names and cutting them into equal sized, individual sheets of paper, then putting them into separate film canisters. The board has yet to determine what it will put the canisters into -- like a bowl, hat or box -- for the drawing. The first name drawn would be the winner.

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