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Court Battle Over State House 105 Recount

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By BJ Austin, KERA News

http://stream.publicbroadcasting.net/production/mp3/kera/local-kera-796378.mp3

Dallas, TX – The scramble for votes in the RECOUNT of Texas House District 105 has been kicked up a notch. KERA's BJ Austin says a State District Judge has declined to settle a political squabble - moving the flap to the appeals court level.

Republican State Representative Linda Harper Brown holds a meager 20 vote lead over Democrat Bob Romano, who went to court for an order that all straight ticket votes be counted, even when the District 105 race was electronically de-selected .. presumably by mistake on the straight ticket ballot.

Jenkins: In this case, we believe a substantial number of Democrats also marked Romano, de-selecting him. Without counting those votes, pursuant to the election code where you count straight party votes, we believe if that's not done, we won't know who really won this race.

Clay Jenkins, attorney for Romano, plans to file a quick appeal. Wade Emmert, attorney for Linda Harper Brown says this should be settled as an election contest and settled by the House of Representatives - after they convene in January.

Emmert: If there's election contest filed, Representative Harper-Brown will be seated. However, she won't vote for the Speaker of the House.

Lawyers on both sides agree the political stakes are high. The recount result will determine if Republicans maintain a two vote lead in the House, as well as impact the Speaker's race.

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