Court dates for an appeal of the state canvassing board's decision to certify Dan Sparks as senator in District 27 have been set.

The appeal, filed Dec. 17 by Austin resident Tom Purcell, will be heard Jan. 2 and 3 in Mower County by Judge Joseph Quinn, of Anoka County, said Fritz Knaak, Purcell's attorney. The judge will need to make a ruling by the time the state Senate reconvenes Jan. 7.

Purcell is appealing Sparks' 11 vote lead over incumbent Grace Schwab because he thinks eight votes in a precinct in Austin should not have been counted for Sparks. Sparks lost those eight votes after a recount in the 1st Precinct, 2nd Ward, where 17 ballots were burned in an election judge's fireplace after election night.

Three of the five state canvassing board members voted Dec. 10 at its meeting to count them because they thought it was the fairest way to deal with the 17 destroyed ballots. The other nine missing ballots were not counted for anyone.

Purcell has said this decision is a disservice to voters in District 27. Purcell said he is an Independent, but also said he worked on Schwab's election campaign.

The State Senate Republican Caucus is supporting Purcell and covering financial costs for the appeal.

On Nov. 5, Sparks led Schwab by 33 votes, and the race was automatically recounted. After the recount, Sparks led by just three votes. When the state canvassing board met Dec. 10, it ruled on 32 contested ballots and the 17 destroyed ballots and certified Sparks.

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