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Court rules Innes winner in House 107 primary

By Tom Bell Portland Press Herald Staff Writer July 15, 2008 02:50 PM

The state's highest court today declared Melissa Walsh Innes the winner of the Democratic primary for the House District 107 seat, representing Yarmouth.

The Law Court ruled that Innes won the election by one vote.

According to the official tally at the close of voting on June 10, Innes and her opponent, Kimberly McLaughlin, had each received 485 votes.

A hand-recount later showed no clear winner because while Innes received 484 votes and McLaughlin 482, there were three dispuited ballots.

In addition, the hand-recount concluded there were 969 ballots, one ballot less than the optical voting machine had counted.

On July 7, the Maine Supreme Judicial Court heard oral arguments from attorneys representing both candidates.

In the written ruling issued today, the Law Court awarded Innes one vote from a disputed ballot, and awarded McLaughlin two votes from the other two disputed ballots.

However, the court ruled that McLaughlin was not entitled to the additional "missing" vote based on the voting machine's tally.

Innes will face Republican Brian Bicknell in November.