I was getting ready to leave DU and search to see if there was an update. Now I don't need to

It wasn't their job, was it?

https://www.washingtonpost.com/local/virginia-politics/in-race-critical-to-va-house-control-gop-urges-judges-to-stick-by-disputed-ballot-ruling/2017/12/29/59a6eaf8-eca0-11e7-b698-91d4e35920a3_story.html?hpid=hp_local-news_va-house-530pm%3Ahomepage%2Fstory&utm_term=.52dcab87fb51

an 'x' through one name, a "/" through another, and another mark on another.

Divining the voter's intent is like reading tea leaves. Three Wise Men couldn't figure it out.

What do the directions say? I doubt x' and /'s are part of the drill.

Others are all Republican? So what?

If intent is unclear, they really must toss it.

If the panel has not the LEGAL authorization to adjudicate ballots, they should stick to the duties they are legally assigned - validating the recount as it was presented to them. Legal is not 'lets be fair' or even impartial. It's following the law, whatever
that says. Or maybe it's ambiguous too. Draw straws if you can't decide.

https://www.elections.virginia.gov/Files/ElectionAdministration/ElectionLaw/ExamplesforHandcounting.pdf

look at 5c (NOT to be counted--even though I think that one is clearer than the disputed ballot in 2017)
and 8b (TO BE counted) -- but the directions say this should NOT be counted if other candidates (for the same office?) are marked similarly, and Gillespie's vote was Xd out in a somewhat similar way, with no other Gov. candidate chosen.

The general rule in 5 is "Any ballot which is marked for more than one candidate for the office shall be deemed an overvote
and no vote shall be counted except as provided in this section."

To me that says that the burden is on the Republicans to prove that the 2017 ballot is just like one of those in section 5, and if in doubt, it will be considered an overvote.

None of the other examples look like the disputed ballot to me, but they may, to you.

So to me, it's at best ambiguous, but I guess we'll see what the lawsuits end up saying.