Even so, U.S. District Judge Richard Williams said he would not offer a remedy. He said the U.S. Department of Justice and the State Board of Elections should work out a remedy before the next election, The Richmond (Va.) Times-Dispatch reported.
The judge said because the election results have been certified, there is no need to count approximately 4,750 ballots in question.
Republican presidential nominee John McCain's campaign filed the lawsuit Nov. 3, the day before the election, demanding that the military ballots be counted.
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