Tulsa County Judge Could Decide Who Wins The State House District 71 Seat

A hearing will resume next week in a Tulsa County courtroom over the outcome of a special election for state House District 71 seat.

Democrat Dan Arthrell and Republican Katie Henke are seeking to replace former state Representative Dan Sullivan.

In that special election April 3, 2012, Arthrell won by three votes.

Henke asked for a recount and on Wednesday, the Tulsa County Election Board certified Henke as the winner by one vote.

After the board certified the election, two uncounted ballots for Arthrell were found inside a ballot box.

4/11/2012 Related Story: 2 Missing Ballots Found After 1-Vote Winner Declared In District 71 Recount

The election board believes the two ballots were caught somehow, maybe on the edge of the drop box underneath the voting machine.

"The precinct officials have to literally get down on their hands and knees to look for these ballots," Election Board Secretary Patty Bryant said. "They overlooked it when they put them in the boxes and sealed them and said these were all the ballots,"

That's why the election board asked a judge for guidance about what to do about a 1-vote margin, when 2 votes for the losing candidate were missed.

"All of this needs to be cleared up before anyone is seated from this district, otherwise whoever goes in is under a cloud," House District 71 candidate Dan Arthrell (D) said. "I would not want to go under a cloud like that whether all the votes were cast and all the votes were counted."

The winner of the recount, Katie Henke, would lose if the ballots missed in the recount were added in. But since the extra ballots were not under lock and key - the law says they don't count.

The precinct where the ballots were missed was #64, at the Southbrooke Church of Christ.

Two votes from there for the Democrat - votes that would change the outcome - won't count because of a mistake by a precinct worker.

"I would hope the Republicans would want the truth to be told and every ballot to be counted," said Greg Bledsoe, attorney for Arthrell. "I hoped the court would let us present that evidence today."

But Judge Damon Cantrell put off a hearing until next week - and Henke could be sworn in to office by then.

"At least at this point, we are satisfied the correct vote count has Katie winning by one," said Robert Sartin, attorney for Katie Henke.

The Democrats are not as satisfied, especially with the judge, so they're considering asking an appeals judge to intervene - before Henke goes into office.

Wednesday, it looked like maybe two other ballots were missed - but that's been explained as a computer error.