It was not Sen. Grace Schwab, R-Albert Lea, but what the Senate Republican Caucus called an &uot;unhappy voter&uot; who came forward to contest the State Canvassing Board decision to certify a victory for DFLer Dan Sparks by only 11 votes amidst the missing-ballot controversy in Senate District 27.

Former Austin City Council member Tom Purcell filed the lawsuit in Third District Court Tuesday.

&uot;It bothers me that we decided an election based on votes no one can see or verify,&uot; Purcell said during a press conference at Austin City Hall, referring to the ballots that turned out to have been burned by an election judge. &uot;I don’t think I’m the only one who is uncomfortable.&uot;

He criticized the Canvassing Board as biased and said they handled the process under the influence of the Democrat-controlled Attorney General Office.

&uot;Mr. Sparks’ certificate of election is like a bad check. He has insufficient votes to back it up,&uot; Purcell said.

Though Purcell labeled himself as an independent, he later admitted that he worked for Schwab’s campaign during the last election. Republican Senate Minority Leader Dick Day accompanied him at the conference.

&uot;This Canvassing Board turned ashes into votes,&uot; Day said. &uot;This is terrible. We always have a great reputation in Minnesota of every vote counting. Right now, 17 people didn’t get their votes counted.&uot;

Day emphasized the party would remain behind the scenes during the court action. &uot;We feel the people in the district are the ones that are really nervous about what went on here,&uot; he said. The Republican caucus will be facilitating the contest process, including paying any costs exceeding the amount covered by donations Purcell and local supporters will solicit.

Day denied Schwab’s involvement in preparing the lawsuit. &uot;She hasn’t given us any direction,&uot; Day said. &uot;We told her to go back to her family and have a good Christmas.&uot;

Schwab could not be reached Tuesday. She was not present at the Austin news conference nor at a 9:30 a.m. conference at the Capitol held by Senate Republicans.

State law allows any eligible voter to file a contest to an election result. Purcell’s attorney, Fritz Knaak, who represented Schwab in the recount, said several individuals in District 27 expressed their interest in filing the lawsuit.

Some Sparks supporters who attended the conference voiced their discontent with the Republican remarks, to which Day replied, &uot;I would think you would be more concerned about the burned 17 ballots in your community. What would you like to do about them?&uot;

Austin resident Carol King said, &uot;They (Republicans) are so determined to keep Grace Schwab up in the Cities. They just cannot stand the thought fact that a newcomer got elected.&uot;

Sparks took the news of the court challenge calmly.

&uot;I feel it’s unfortunate that 17 ballots were destroyed, too,&uot; he said. &uot;But, I know that I certainly had nothing to do with that. At this moment, we just want to make sure that the people in this district are represented as we begin this session, because that’s what they voted for.

&uot;I’d like to very much tell the people how much I appreciate that they have been very supportive and patient in the whole process,&uot; Sparks said. &uot;The people should be the ones that make the decision, maybe not a court or judge.&uot;

Republicans in Albert Lea received the news with a little surprise.

Albert Lea Mayor Bob Haukoos, a former Republican House member, said he had the impression that Schwab gave up the lawsuit and would prepare to run in the next election.

Former state legislator Paul Overgaard, who was a campaign manager for Schwab, also thought Schwab was leaning toward not going forward, based on a conversation Monday. Referring to the filing by Purcell, he said, &uot;This other approach is totally foreign to me.&uot;

The court proceeding will begin within 15 days, according to the law. The decision needs to be made by the first day of the legislative session, Jan. 7, unless it is appealed to the state Supreme Court. Knaak said it is likely that the process will move fast enough to be completed not long after the convening date. Another recount under court supervision would not be held, he said.