you might remember that the second and third place were tied at first, so joe smith and evan lowe were were totally tied until we went into this recount. and now we found out that evan lowe beat simitian by five votes, though it seemed that all three would go to the november ballot, a recount was requested. the santa clara county registrar's office said recount observers challenged 45 uncounted ballots. the registrar determined seven were initially uncounted, were actually valid. the mix up with that batch had to do with signature matching and boxes voters forgot to mark, affirming their citizenship status. there also mix ups with some other ballots. >> there were 12 ballots in a batch that weren't counted, so that was an error, a human error. we understand. we're going to, like i said, going to tighten the processes. but that happened in that ballot counting room. and they were able to fix that and count those ballots. >> in a statement, simitian said he was disappointed, but not sad, saying in part, the good news is the 16th congressional district's long, painful exercise counting th