The Senate District 27 race may soon be resolved.

But that will depend on the decision made by Judge Joseph Quinn before Tuesday.

Quinn, a district judge in Anoka County, will hear an appeal filed by Tom Purcell, of Austin, at 10 a.m. Thursday in Mower County District Court. The appeal also is scheduled to continue Friday.

Purcell, a former Austin City Council member, is appealing the state Canvassing Board's Dec. 10 decision to certify Dan Sparks as senator in District 27.

On Nov. 5, Sparks beat incumbent Grace Schwab by 33 votes, prompting an automatic recount of the race.

The ballots were recounted in District 27's precincts in Fillmore, Mower and Freeborn counties Nov. 20-22. In the 2nd Ward, 1st Precinct in Austin, 17 ballots were discovered missing during the recount. Officials discovered that an election judge burned 17 absentee ballots in her fire place on election night. In that same precinct, Sparks lost eight votes after ballots were recounted.

Three of five state canvassing board member voted to count those eight votes, but the other nine ballots were not counted for any candidate. After those votes were added and the board ruled on 32 contested ballots, it certified Sparks as senator by 11 votes.

Purcell is challenging the decision made on the 17 destroyed ballots, as well as decisions made with some of the 32 contested ballots.

For example, three ballots in which the voter had clearly picked Schwab were thrown out because election judges did not follow the correct policy with the ballots, said Fritz Knaak, Purcell's attorney and Schwab's attorney during the recount.

Purcell has said the board's decisions Dec. 10 were a disservice to the voters. Knaak said part of the reason for the appeal is to make sure nothing similar happens again.

The state Senate Republican caucus is backing Purcell and covering Purcell's financial costs for the appeal.

Brian Rice, Sparks' attorney, has said Sparks was ahead on election night, ahead after the recount and won after the board made its decision.

But he also said citizens have the right to voice any dissatisfaction with the process.

The race will not undergo a judicial recount, Knaak said. Instead the 17 destroyed ballots and 32 contested ballots will be discussed during the appeal.

Knaak has said he thinks the case will end up in the Supreme Court.

Both Knaak and Rice have said the final decision may well be made by the state senate, in which the Democrats have a slight majority. A simple majority is required for the decision and Sparks would not be able to vote.

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