On October 16, a U.S. District Court in Virginia ordered the State Board of Elections to count some overseas absentee ballots that have not yet been counted, from the November 2008 election. The court said that even though these ballots arrived too late to be counted under Virginia law, the state was at fault for not mailing them soon enough. See this story. The case is McCain-Palin 2008 v Cunningham, e.d., 3:08-cv-709.

Once these ballots have been counted, the official tally for the various presidential candidates from last year’s election will rise somewhat.