A three-judge panel rejected a request to reconsider its ruling on a recount in an election that could determine partisan control of the Virginia House.
The panel on Wednesday denied Democrat Shelly Simonds' request to undo its decision to strip her of a one-vote victory she won after a dramatic recount of November's election.
Her lawyers argued the judges committed legal errors, including counting a ballot for her Republican opponent after the recount ended.
Virginia elections officials plan to meet Thursday to randomly pick a winner in the contest.
If Simonds wins, the partisan split will be 50-50. If incumbent Del. David Yancey wins, Republicans will have a 51-49 majority.
The Newport News seat is not the only contested race. Democrats have filed a legal challenge in a close Fredericksburg-area race.