The gap between the two Democratic primary candidates in Alaska's northernmost House district grew from three votes to 21 after a final count Friday, with challenger Dean Westlake on the winning side over incumbent Rep. Ben Nageak.
But the race may go to a recount.
Officials with the state's Democratic and Republican parties were closely watching the results, which could ultimately be the subject of a legal challenge following reports of irregularities in the communities of Barrow and Shungnak.
"I would be very surprised if someone didn't file suit," said Tuckerman Babcock, chair of the Alaska Republican Party.
Initial results of last week's primary put Westlake, who was backed by the Alaska Democratic Party, five votes ahead of Nageak in House District 40, which covers a huge swath of northern and northwest Alaska.
Nageak was one of four Bush Democrats who joined the Republican-led House majority in the most recent legislative session — and one of two marked for defeat by the state Democratic Party, along with Bob Herron of Bethel, who lost his primary to challenger Zach Fansler.
Earlier this week, Westlake's margin shrank from five to three votes after a first count of absentee ballots. State elections officials counted the last round of votes Friday.
The total count for District 40 hadn't been posted to the official Alaska Division of Elections website late Friday. But division director Josie Bahnke provided the unofficial final tally, which put Westlake ahead by 21 votes.
The results are scheduled to be certified next week, following an audit by the state's election review board.
After being informed of his larger deficit in a brief phone call late Friday, Nageak said he was waiting to hear official results before discussing what he'll do next.
"I haven't heard, so I'm not ready to talk until I know for sure," he said.
A recount can be requested by Nageak or by 10 voters — a step that must be taken before the results can be appealed to the Alaska Supreme Court. Because the two candidates are separated by more than 20 votes, whoever requests the recount would have to make a $2,000 deposit to cover the state's costs — which would be refunded if Nageak was declared the winner.
Allies of both candidates have raised questions about irregularities at some precincts in the district.
In Shungnak, voters were mistakenly given two ballots — one with Republican candidates, and one with candidates from the state's other registered political parties. Initial results showed the community voting 48-2 for Westlake. Babcock, the Republican Party chair, said the election worker's mistake could have allowed more people to vote for Westlake than if they'd been forced to choose between the two ballots, like residents did across the rest of the state.
"There's no way to determine, if the election was properly conducted, how many people would have picked the Republican ballot," Babcock said.
Babcock also pointed to problems at a precinct in Barrow, where some Republicans reportedly refused to vote when poll workers incorrectly told them they had to vote a questioned ballot if they wanted to participate in the Democratic primary.
Babcock said the Republican Party could assist members if they wanted to challenge the election results.
"If the local district brings to my attention that there were Republicans turned away from any precinct, or told they could not vote the Democratic ballot, then we will take action to protect their rights," he said.
Officials have been reviewing ballots and precinct procedures, and Bahnke said earlier this week the state will consider how to "remedy" the results if problems in Shungnak appeared to have changed the election's outcome.