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CONCORD, N.H. (AP) — One other spherical of counting ballots returned a New Hampshire state legislative seat to the GOP on Tuesday, however each the ultimate consequence of that race and broader management of the Home remained unsettled.
Unofficial post-Election Day tallies confirmed 203 Republican winners and 197 Democrats, however pending recounts might nonetheless tip the ultimate steadiness of energy.
In Manchester’s Ward 6, preliminary outcomes confirmed Republican Rep. Larry Gagne defeating Democrat Maxine Mosley by 23 votes after a recount final week gave Mosley a win by one vote. Secretary of State David Scanlan mentioned the recount would proceed this week due to a discrepancy between what number of ballots have been tallied throughout the recount and people processed throughout a separate audit.
That prompted Mosley and the state Senate’s Democratic chief, Donna Soucy, to file a lawsuit searching for an emergency order to cease the proceedings. A decide denied their request Tuesday morning and ordered the state to evaluate all votes forged within the race later within the day. The brand new tally confirmed the Republican profitable by 26 votes.
The case now heads to the Poll Regulation Fee, which meets Monday.
“The extra instances these ballots are counted, the higher doubt is positioned on the secretary of state and his course of,” mentioned Colin Sales space, spokesman for the New Hampshire Democratic Celebration. “We stay up for our listening to earlier than the Poll Regulation Fee as the following step in guaranteeing the integrity of this election.”
In her order, Merrimack County Superior Courtroom Choose Amy Ignatius mentioned Democrats had the regulation on their facet however “this extraordinary circumstance requires an atypical treatment.”
“Ordinarily the defendant doesn’t keep the authority to evaluate a recount of an election. This matter stands other than atypical circumstances,” she wrote.
The decide cited a earlier ruling by the state Supreme Courtroom that mentioned the important thing query just isn’t whether or not an election official has adopted the regulation however “what was the legally expressed alternative of the voters?”
“A evaluate of the recount tabulation is required to make sure the expressed will of the Manchester Ward 6 voters is heard and the candidate with essentially the most votes is seated,” Ignatius mentioned.
Scanlan had argued that he ordered a “continuation of the depend,” not a “recount,” and that vote tallies are usually not official till all reconciliation efforts are full. Democrats mentioned Scanlan declared Mosley the official winner after the recount and that state regulation permits a second recount provided that an audit reveals a discrepancy higher than 1%, which wasn’t the case right here.
The state Republican Celebration despatched a fundraising pitch instantly after the ruling asking supporters to donate to an “election integrity fund in order that we’re additional outfitted to push again towards the foreseeable way forward for Democratic voter disenfranchisement.”
Management of the Home has flipped in six of the final 9 elections, most lately in 2020, when Republicans gained a 26-vote majority.
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