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Tom Emmer's campaign and the Minnesota Republican Party today filed a petition with the Minnesota Supreme Court that could result in some votes being thrown out in the contested race for governor.

The GOP alleges that there is evidence that some election judges failed to reconcile the number of registered voters who signed in on Election Day with the number of votes cast in their precincts. State Republican Party chair Tony Sutton says under state law if there are more votes than voters in a precinct, the excess votes have to be thrown out.

"Phantom votes have no place in the final count," Sutton said.  "There is a clear statutory remedy that must be followed, namely that excess phantom votes are removed from the certified vote count."

DFLer Mark Dayton's recount director Ken Martin says the move is a sign of desperation on the part of Emmer and the Republicans.

"There are six days now until the state canvassing board meets. In the 11th hour the Republican Party decides to introduce essentially a Hail Mary pass here, to delay the process that's going to occur."

Dayton currently leads Emmer unofficially by more than 87-hundred votes.  If the court agrees with the GOP, it would likely shrink the pool of votes that would be included in a likely recount.

I'll post video of the newsers once it's embedded.  

MNGOP and Emmer ask MN Supreme Court to step in before recount

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