A motion For Stay Pending Appeal was filed Tuesday at Delaware Superior Court in Kent County Tuesday on behalf of Gunn, The Delaware Republican Party and the Kent Co. Republican Committee - while after eight weeks and four recounts - the election for Kent County Recorder of Deeds is still undecided.
The appeal is related to one vote in particular that GOP executive director John Fluharty called confusing and unclear.
"The way the ballots are marked, the way things are crossed out it’s just simply not possible to know what the voter intended to do and we need to challenge that vote," he said.
Superior Court Judge Robert Young decided after a review of absentee ballots to declare the race between Democrat incumbent Betty Lou McKenna and Republican La Mar Gunn a tie with 19,248 apiece – and his decision awaits Department of Elections certification.
If certified the position will be declared vacant - awaiting an appointment from Governor Jack Markell.
Yet even before Monday’s decision, State election commissioner Elaine Manlove commented on how the race is without precedent.
"This is new for us because it's coming back to the Department of Elections,” Manlove said. “Normally the recounts are handled at the court and then that's the resolution. To my knowledge it's never come back to the Department of Elections before."
There was no word from the Governor’s office on who would be appointed – although McKenna – who has held the position since 2003 - is a strong possibility.
Delaware Republicans called the ruling a victory for democracy.
However Fluharty called into question the one ballot and made clear their intent to challenge the decision.
“While we respect Judge Young,” said Fluharty, “we disagree with his decision, and feel the there is no clear way to gauge voter intent based on the markings on the ballot."
Tuesday morning, Fluharty said they intend to continue their fight and will submit their objection to the county as soon as possible.
“This is really important for Democracy that folks know that elections are fair, that it’s ‘one man, one vote’ and that things are clean," he added. "So we intend on filing a challenge to that this morning.”
After an initial automatic recount following Gunn's two-vote victory on November 4th swung the contest in McKenna's favor by two votes, two additional absentee ballot recounts produced three different results.
Gunn then petitioned Judge Young who ordered a fourth and final hand recount in the interest of integrity.
Yet even before Monday’s decision, State election commissioner Elaine Manlove commented on how such a race is unprecedented.
"This is new for us because it's coming back to the Department of Elections. normally the recounts are handled at the court and then that's the resolution. To my knowledge it's never come back to the department of elections before."
