In Hart’s election campaign, 22 ballot papers were identified that were claimed to have been legally cast but not counted due to an election error. If the 22 ballots had been counted, Hart of Wheatland would have won by nine votes.
The Miller-Meeks legal team filed a dismissal motion last month, arguing that “more than a century of precedent” required Hart to exhaust all state-level appeals before taking her case to Congress.
However, the federal law of 1969, according to which Hart questions the election result, does not require exhaustion of all state legal challenges. The house is not necessarily bound by previous precedents, either.
Miller-Meeks attorney Alan Ostergren has argued that Hart failed to demonstrate that she was entitled to the seat, arguing that her attorneys “selected” ballots in her favor, which are routine election administration issues. However, Miller-Meeks’s motion to dismiss did not contain any additional untold votes.
When asked if their campaign was looking for more votes in the race to ultimately be counted, Ostergren said, “Legally we’re not there right now.”
Ostergren said the county auditors’ request for copies of rejected ballots was part of normal “due diligence” and an “ongoing process” that looks at the legal and factual claims made through Hart’s campaign.