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Voters in Virginia to appeal ruling against new election for controversial House race

The voters sued for a new election after 147 people received the wrong ballots for the 28th District in the Stafford County area. (ABC7)

Four voters in Virginia say they'll appeal a federal judge's decision against a new election for a race that might have forced a 50-50 split in Virginia's House of Delegates.

Kenneth J. Lecky and three others filed their notice of appeal on Sunday.

The voters sued for a new election after 147 people received the wrong ballots for the 28th District in the Stafford County area. Republican Bob Thomas beat Democrat Joshua Cole by 73 votes.

RELATED: Provisional vote count ongoing in 1 more Virginia House race

In a federal court in Alexandria on Friday, Judge T.S. Ellis III said that such "garden-variety irregularities" didn't merit federal intervention. Ellis rejected the request for a preliminary injunction that would have ordered a new election. He could still theoretically order one after hearing additional evidence.

Republicans hold a 51-49 edge in Virginia's House.

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