The latest, and apparently final vote count, puts Lytton in the lead with 8,804 votes, followed by Newman with 5,825 votes, Bow Democrat Tom Pasma with 5,257 votes and Republican Dusty Gulleson with 5,231 votes.
Thus Lytton and Newman win the top-two primary and go on to the November election.
Gulleson has said he would endorse Newman, stressing that it's "in our best interest" to elect a Republican.
Lytton was the clear leader in both Whatcom and San Juan counties, but actually fell 4 votes short of Newman in Skagit County. Gulleson was in second place in Whatcom County and Pasma in second place in San Juan County.
Pasma was the spending leader, having spent $38,000. Lytton spent $31,000, but independent groups spent an additional $28,800 supporting her. Newman spent less than $9,000 on the primary race. Republican Donna Miller reported spending nothing, despite having yard signs in numerous locations.
The 40th Legislative District covers all of San Juan County and much of Skagit County, including Anacortes and much of Mount Vernon and Burlington, along with Whatcom County, including south Bellingham.
Election results are not final or official until certified. By law, September 1, 2010 is the last day for county canvassing boards to certify results; September 7, 2010 is the last day for the Office of the Secretary of State to certify Primary returns.