I would have thrown that ballot out. If you are too stupid to fill out a ballot, you shouldn’t be allowed to vote anyway.
+1
I believe it was thrown out, but the Yancey team challenged that in court and won. Having participated in a recount in VA a couple of years ago and been schooled in election law as it relates to ballots, I can say that the only issue is whether it can clearly be determined what the voter's intention was from the ballot. On this ballot, there was no real question. By crossing out the circle for the Dem and clearly filling in the circle for Yancey, it was easy to see that the intent was to vote for Yancey.