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Updated Nov 13, 2012 - 4:28 pm

Agreement in ballot dispute in Barber-McSally race

Martha McSally (AP Photo)

BISBEE, Ariz. -- There's an agreement that at least for now resolves a dispute over 130 provisional ballots that figure in Arizona's remained undecided congressional race.

Attorneys for Cochise County, Democratic incumbent Ron Barber and a voter who supported Republican challenger Martha McSally reached the agreement during a recess in a Cochise County Superior Court hearing Tuesday.

Deputy County Attorney David Fifer says counting of ballots is resuming and the 130 ballots will be included in the county's totals.

However, he says the 130 ballots' results also will be recorded separately so that there can be a new challenge if the 2nd Congressional District's final count is so tight that those ballots are decisive.

At issue in the case is whether elections officials mishandled the 130 ballots by not sealing ballot envelopes.

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