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NM race for House of Representatives seat in tie

Election Day is over, but one race in southern New Mexico is still left without a winner.

The candidates for the state representative of District 37 are in an exact tie after a final count of more than 12,000 votes.

District 37 includes neighborhoods in East Las Cruces, on the East Mesa and in the Elephant Butte area of Sierra County.

Republican incumbent Terry McMillan and Democrat challenger Joanne Ferrary each came out with 6,217 votes.

Now the votes are up for a recount, and the decision could ultimately be left to a game of chance.

“For a race to be tied with over 12,000votes counted is highly, highly unusual. I haven’t seen a recount in this office in all my time here, two years as supervisorand four years as county clerk,” Dona Ana County Clerk Lynn Ellins told ABC-7.

If the recount leads to another tie, the decision would be left to a game of chance. The draw of a card or flip of a coin would decide the state representative for District 37.

“That is a little bit disconcerting because you work sohard and I want so much to serve our community and the state of NewMexico that a flip of a coin could determine that, but that’s how ithas to happen,” Ferrary told ABC-7.

“In some ways I hope the recount will yield the sameresult. For either of us, were the recount to come out differently itmight cause some concern of why is it different from the originalcount?” McMillan said.

Ellins said he doesn’t think a deck of cards or a coin will be necessary.

“I don’t think it will wind up as a tie. I have to thinkone of the candidates is going to pick up a vote or two in therecount, but that’s a supposition on my part,” he said.

Both candidates agree this outcome proves every vote counts.

“I only needed one vote. My opponent only needed one vote. We’reboth thinking what if I’d knocked on one more door or made one morephone call,” McMillan said.

The votes will be counted again on Dec. 3.

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