/ Modified nov 25, 2014 2:13 p.m.

McSally Urges Federal Court to Dismiss Barber Vote Count Suit

Democrat's campaign wants Pima, Cochise counties to count 133 rejected ballots.

Martha McSally is urging a federal court to throw out a lawsuit filed by U.S. Rep. Ron Barber over rejected ballots in the 2nd Congressional District.

Barber's campaign, alongside three Southern Arizona voters, went to court Monday, demanding Pima and Cochise counties to count 133 votes that were disqualified over a number of reasons. The Barber campaign said the votes were legally cast and should be counted.

McSally's attorneys say Barber's claims lack legal standing and are untimely.

Judge Cindy K. Jorgenson will hold a hearing on the issue Wednesday.

In a letter sent out Friday, Barber's campaign also asked Secretary of State Ken Bennett to look into the more than 160 ballots that were disqualified in the two counties before the final election canvass.

Barber trails McSally by 161 votes. That small margin requires a recount, which will happen after the election certification, Dec. 1.

The Associated Press contributed to this report.

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