I’m convinced that this should have been ruled as an overvote as it was done on the 1st recount. Look at how the voter marked the ballot in the Governor’s race. Its clearly an overvote. This is unacceptable and needs to be challenged. Why were the ballot images not requested and reviewed? This race was counted on the ES&S Ds200. Links below to facts in case.

“Virginia: Which party will control a majority in Virginia’s State House after the 2017 elections has come down to two contested outcomes. In the 94th District, a recount put Democrat Shelly Simonds ahead of GOP Del. David Yancey by a single vote, which would have produced a 50-50 tie in the chamber to end the GOP’s majority. However, even though the recount had concluded, Republicans later argued for an ambiguous ballot to be counted in Yancey’s favor, even though that voter’s intent was unclear and recount rules held that such challenges had to take place during (and not after) the recount itself. Nevertheless, a three-judge state court panel decided to count the dubious ballot for Yancey, leading to a tie. Election officials then held a drawing of lots to break the tie, which Yancey won, but under state law, Simonds could call for a second recount.

“In a troublesome move for fair election administration, these judges ignored existing law by deciding to count the contested ballot after the recount concluded, with no way of knowing for certain whether the ballot they were examining was in fact the disputed ballot because it was unclear whether it had been properly segregated from the others during the recount. Indeed, Simonds even argued that she too had further ballots to contest if the court was going to allow Yancey’s late contested ballot, but the court refused to consider those extra ballots.” Read full article at DailyKos