New Hampshire’s legislative recount dispute lands in court

CONCORD, NH (AP) — A dispute over the results of the recount is heading to court, with the balance of power in the New Hampshire home of 400 yet to be determined.

Early results in Manchester’s Ward 6 showed Republican MP Larry Gagne defeating Democrat Maxine Mosley by 23 votes. A recount last week gave Mosley a one-vote victory, but Secretary of State David Scanlan later said the recount would continue this week because there was a discrepancy between the number of ballots counted during the recount and those counted during a separate examination were counted.

This prompted Mosley and Democratic Senate Chair Donna Soucy to file a lawsuit seeking an emergency dismissal order. They argue that after the recount, Scanlan declared Mosely the official winner and that state law only allows a second recount if an audit reveals a discrepancy of more than 1%, which was not the case here.

“If the defendant is permitted to arbitrarily order a second recount in this case in violation of New Hampshire law, it will undermine the confidence of plaintiffs, candidates and voters that the New Hampshire election will be conducted according to law.” says the lawsuit.