Today Eaton and Tullos will draw straws. If Tullos wins the game of chance, Eaton said he will not appeal. He knows he doesn’t have the votes in the House. If Eaton wins, however, Tullos is expected to appeal to the House where it is widely believed the Republican majority will vote to overturn the results and seat Tullos as the new representative from District 79. That would be a superb mistake by the House, to interject its will over the will of the voters — which was tied — and the results of chance as prescribed by the Constitution, regardless of how arbitrary a game of chance may be.
If lawmakers can find voting irregularities, then the proper thing to do would be to order a new election. That would allow the voters of District 79 to make the ultimate decision, just as was the case in 2004. But to subjugate the results of an election based solely on the vote of lawmakers who were not elected from District 79 would fly in the face of the democratic process.
In short, who ever draws the short straw today should congratulate his opponent and go home.