Projo 7 to 7 News Blog

PROVIDENCE -- A Democratic candidate for a Senate seat in Warwick is asking the state Supreme Court to overrule the state Board of Elections, which rejected his request for a new election.

The state Board of Elections on Sept. 17 unanimously certified Erin P. Lynch's victory in the Democratic primary for the District 31 Senate seat in Warwick and rejected a request by her rival, David Bennett, for a new election.

Bennett yesterday appealed the board's decision to the state Supreme Court, according to Craig Berke, a court spokesman.

A recount held Sept. 15 at the elections board's Branch Avenue offices dropped a vote from Bennett's election night totals, giving him 848 votes to Lynch's 859.

Bennett has asked the high court to stay the board's decision. He has also asked for the full board to hear his appeal and to provide an expedited review, according to Berke. The Supreme Court has not yet scheduled a hearing, according to Berke.

"They will consider the motions sometime soon," Berke said, noting that the case could have an impact on the November general election.

Bennett's lawyer, Angel Taveras, has previously said that based on numbers from the Board of Elections and the Warwick Board of Canvassers, 31 ballots did not have corresponding ballot applications. Even under the best circumstances, Taveras said, as many as 19 Republicans apparently voted in the Democratic primary.

If Bennett does not prevail, Lynch will face Republican Thomas M. Madden in November for the seat held by Democrat John C. Revens Jr., who opted against seeking reelection after 40 years in the Senate.

 Tags  Board of Elections Senate state Supreme Court Warwick

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