A half-dozen Austin residents came to a Tuesday press conference at Austin City Hall to find out why Tom Purcell, backed by the Minnesota Senate Republican caucus, is challenging the state Canvassing Board's decision to certify Dan Sparks as District 27's new senator.

Purcell, a former Austin City Council member, said Tuesday that he is challenging Sparks' certification, a certification he compares to a "bad check."

"He has insufficient votes to back it up," he said.

No court dates have been set, but attorney Fritz Knaak, who represented Sen. Grace Schwab during the recount, said the process is set up to move quickly. If the case isn't resolved by the time the senate reconvenes Jan. 7, it will be resolved soon after, Knaak said.

Purcell said he is challenging the decision because not every vote was counted. At issue are 17 ballots that were destroyed by an election judge in the 2nd Ward, 1st Precinct in Austin on election night. The judge burned them in her fireplace after she took comments from City Clerk Lucy Johnson out of context.

In the recount, Sparks lost eight votes in that precinct and the state Canvassing Board decided to count those votes, even though there is no way to verify those votes came from those 17 ballots. The other nine votes were not counted.

"It doesn't matter if you supported a Republican or a Democrat, it should frustrate you that your vote may not have counted," Purcell said.

Purcell, Knaak and Senate Minority Leader Dick Day (R-Owatonna) questioned the board's decision, which was guided by advice from the Attorney General's Office, a move the men thought was partisan because Attorney General Mike Hatch is a Democrat.

Even without those eight votes, however, Schwab would not beat Sparks' 11-vote lead. But Knaak also will present some of the 32 contested ballots he thinks were ruled on incorrectly.

Purcell said about 50 people called him about appealing after the results were certified Dec. 10. Purcell said he is an Independent, but that he worked on Schwab's campaign.

Appealing the board's decision can be done by any eligible voter, Knaak said. About 12 people contacted Knaak about possibly appealing the decision, but he said it is easier to pursue a case with one petitioner.

"We're delighted that Mr. Purcell is willing to take this on," Knaak said.

However, some Austin residents think enough is enough.

"You guys have lost three times already," David King, of Austin, said at the press conference. "Are you going to keep going until you win?"

King and his wife, Carol, also questioned the reasoning that Hatch's legal advice to the board was biased. Mary Kiffmeyer sat on the board and she is Republican, they pointed out.

The couple, who said they are Democrats, said they would not want to see Sparks' beat.

"I've never met a finer young man than Dan Sparks," David Carol said.

Jan Hoy, who said she has been an election judge, said the 17 ballots should show up on the scanner's tape, which was printed on Nov. 5. Johnson has told her that the scanners were accurate, she said.

Knaak explained that 90 percent of the undervotes in the recount happened in Austin. In all of the Austin precincts, except the 2nd Ward, 1st Precinct, the candidates gained votes during the recount.

Day said the Republican Party supports Purcell's endeavors and will help him cover legal fees.

"One of the things I thought about this morning is that Jesus turned water into wine and on Tuesday the Canvassing Board turned ashes into votes," Day said.

Later in the meeting, Carol King told Day that, as a Christian, she was offended that he compared Jesus Christ to the election.

Day said he was sorry if he comments were offensive, but asked her to consider the seriousness of the destroyed ballots and the board's decisions.

Schwab could not be reached for comment, but Erica Ulstrom, a spokeswoman for the Senate Republican caucus, said Schwab thinks the appeal is the right thing to do, but it was not appropriate for her to be involved.

Ulstrom said Knaak and Purcell had asked her about the appeal and Schwab told them "go ahead and good luck."

"She's OK with it," Ulstrom said.

Knaak said it is good that Schwab isn't in the middle of the appeal.

"What Grace Schwab needs right now is a break," Knaak said.

Knaak will continue to represent her in the lawsuit she brought against Mal Prinzing, an Albert Lea adult business owner, before the November election for posting negative signs about her. Some points from that case may also be brought up during the appeal, Knaak said.

Knaak is predicting the district court to make a decision on the actions of the state Canvassing Board. He also expects it will end up in the Supreme Court.

After the ruling, the state Senate, in which the Democrats have a majority, also could determine who it will certify to serve as senator, Knaak said.

The appeal it meant to determine whether the state Canvassing Board made their decision according to the law and also to prevent a situation like this in the future, Knaak said.

Sparks' attorney, Brian Rice, said if a lawsuit was needed to remove any doubt about who won the election, so be it.

"I don't think we should we should treat people's constitutional right to vote lightly," he said.

"Dan Sparks won on election night, he won on the hand recount, he won before the canvassing board and he will win the election contest," Rice added.

Sparks echoed those comments and said the appeal was not a surprise.

"Obviously we're looking for some closure," he said.

He is most concerned that District 27 will not have representation in the Senate come Jan. 7.

"In the meantime we continue to move forward," Sparks said.

Knaak will file Purcell's appeal with the 3rd District Court. Sparks said he was served papers last night and that Rice will continue to represent him during the appeal.

-- The Associated Press contributed to this report.

Cari Quam can be reached at 434-2235 or by e-mail at cari.quam@austindailyherald.com