A court hearing for contesting the state Senate District 27 election result has been set for 10 a.m., Jan. 2 in the Mower County District Court. Anoka County District Court Judge Joseph Quinn will preside.

The contest was filed by former Austin City Councilor Tom Purcell, with full backing from the Senate Republican Caucus. Purcell’s attorney Fritz Knaak represented Schwab in the recount.

The State Canvassing Board certified DFLer Dan Sparks as a winner after a recount, in which 17 missing ballots and 32 contested ballots were identified.

Knaak is demanding that the court determine which candidate received the largest number of votes and says that the court should delay making the certificate of election until the contest proceedings are complete.

Sparks’ attorney Brian Rice refuted, saying the court lacks jurisdiction over the issue and said that the court has no authority to provide any remedy sought by Knaak. Rice thinks they should dismiss the complaint. He agreed that the court should order the inspection of ballots and all other election materials.

Rice said that the hearing would be focusing on the 17 missing ballots from the Austin Ward 2, Precinct 1, and election judges involved would be standing witness.

One of three grounds Knaak raised for contesting is the alleged election practice violations by Albert Lea businessman Mal Prinzing.

Local Republicans have been seeking a charge against Prinzing through the county attorney’s office for exhibiting signs criticizing Schwab during the campaign. Prinzing answered earlier allegations by suing Schwab for damaging his signs one year ago.

Sparks’ side contends that these happenings are irrelevant and in no way related to the conduct of Sparks during the election.