By NICHOLAS?L.?DEAN

OBSERVER?Mayville Bureau

MAYVILLE - It's still anyone's election - or no one's, as a tie is a very likely possibility.

The Board of Elections will return to court today, continuing a hearing begun yesterday regarding five ballots cast in the Legislative District 7 race.

Unofficial vote totals currently have Republican candidate Stewart up by three votes, with 545 total to Democratic incumbent candidate Leon Beightol's 542.

Legislative District 7 is comprised of the towns of Cherry Creek, Ellington and Poland as well as a portion of the town of Charlotte. The race is of particular note as it is believed the winner will dictate which party holds control of the legislature come January.

In court Wednesday, counsel for the candidates discussed a total of five ballots - four of which have already been opened and contribute to the current vote totals. The fifth ballot is an affidavit which has not been opened. Republicans question the residency and registration of the person who cast the vote in Ellington. Testimony was taken Wednesday, but Judge James Dillon adjourned the proceedings in order to obtain more information before continuing today.

In addition to the unopened affidavit ballot, the other ballots being contested are two absentee ballots and two ballots which went unscanned on Election Night at a polling place in Poland. Democratic counsel is seeking to have both the absentee ballots and the unscanned ballots deducted from the vote totals.

During Wednesday's proceedings, Judge Dillon indicated he believes the absentee ballots should remain in the vote totals. Afterward, Chuck D'Angelo, Democratic counsel representing Beightol, said there will still be time to appeal that decision if it's indeed finalized during the remainder of the hearing today.

In addition to wanting additional information about the Ellington voter's registration and residency, Judge Dillon said he cannot rule on the unscanned ballots until he has more information as to why they went unscanned on Election Night.

The court hearing will continue at 10:30 a.m. today in Mayville.