If the
Arizona Republic's article is correct, there is no legal basis for Martha McSally to request that some provisional ballots be excluded from the vote counting:
Barber-McSally race heads toward potential recount
Rob O'Dell, The Republic | azcentral.com 9:08 p.m. MST November 10, 2014
The high-stakes nature of the race was reflected Monday in a legal challenge by McSally to stop provisional votes from being counted. Pima County Superior Court Judge James Marner denied her request for a temporary restraining order to stop counting early ballots because he said there would not be irreparable harm done by continuing to count the votes.
Roads said the election-procedure manual says the poll worker must sign the provisional ballot, but the manual also says "a provisional ballot shall not be rejected solely for the lack of signature on the affidavit by polling place election officials."
And here's the rule for a mandatory recount:
A mandatory recount will occur if either candidate wins the race by fewer than 200 votes.
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