(Richmond, Va.) (AP) — The Republican candidate in a tied Virginia House race says he isn’t promising to accept the results of a drawing to determine the winner as the final say.

Republican incumbent David Yancey said that he would not agree to such a promise, as suggested by his Democratic opponent, Shelly Simonds earlier in the day.

If Yancey were to lose Thursday’s drawing and then ask for a recount, it could allow Republicans to start the 2018 legislative session next week at a 50-49 majority, which would let them pick a speaker and set committee assignments.

Simonds sent a letter to Yancey on Wednesday asking him to agree that both sides would accept Thursday’s drawing of names from a bowl as final, and not seek another recount.

She did so after a three-judge panel refused to reconsider its decision to count a ballot in favor of Yancey. The panel’s decision to count the ballot tied the race – after a dramatic recount had put Simonds up by one vote.