ST. PAUL (AP) &045; Republicans sued Tuesday over the outcome of a southern Minnesota Senate race, where some ballots burned by an election judge were awarded anyway to the Democratic candidate.

The lawsuit is the last hope for Republicans to hang onto one-term Sen. Grace Schwab’s seat in an Austin-Albert Lea area contest. A week ago, the state Canvassing Board declared DFLer Dan Sparks the winner by 11 votes after a recount.

&uot;Something really went wacky here,&uot; said Tom Purcell, an Austin City Council member who is a plaintiff in the lawsuit filed in Mower County District Court. &uot;It’s really obvious Senator Schwab got a Chicago count from the Canvassing Board. … Our district got robbed.&uot;

The outcome of the race has statewide importance because DFLers have the least breathing room they’ve had in the 30 years since they took the Senate majority. As it currently stands, they have 35 members compared with 31 Republicans and an Independence Party senator who is siding with the GOP.

Schwab wasn’t present at a news conference announcing the court appeal. Her attorney, former Sen. Fritz Knaak, said state law requires swift action by the courts.

The main dispute is over 17 ballots burned in a fireplace by an Austin election judge before a recount occurred. The judge misinterpreted directions on how to deal with absentee ballots presumably cast for U.S. Sen. Paul Wellstone, who died in an October plane crash.

Eight votes were assigned to Sparks and the other nine were disregarded. Schwab’s tally was based on post-recount numbers.

After the board decision last week, Sparks’ attorney said it was as fair an outcome as could be expected.