McSally asks judge to dismiss Barber lawsuit

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By Mike Gertzman By Mike Gertzman

TUCSON, Ariz. (AP) -- Martha McSally has asked a federal court judge to dismiss a lawsuit by Democratic Rep. Ron Barber that seeks to stop the official certification of election results.

McSally has claimed victory in the 2nd Congressional District race in southern Arizona after leading Barber, the incumbent, with 161 votes.

Barber filed a lawsuit on Monday asking a judge to issue a stay on the certification scheduled for Dec. 1. He wants 133 disqualified votes to be counted first. Three southern Arizona voters joined as plaintiffs, saying their votes were legal and should be counted.

McSally's attorneys say Barber's claim lack legal standing and are untimely.

Judge Cindy K. Jorgenson will hold a hearing on Wednesday. The election is headed for a recount regardless because of the small victory margin.