Tulsa, Okla. - UPDATE: Pat Key is declared the winner in the primary run-off race for Tulsa County Clerk.
Judge Kellough found less than 10 irregularities that met the standard to get the ballots tossed out in the election and ruled the election can be determined with mathematical certainty and declared Pat Key the winner.
The Tulsa County Election Board will hold a meeting Wednesday to certify the results.
KRMG spoke with Dean Martin who tells us he isn't sure if he will appeal the judge's ruling.
Judge William Kellough is expected to hand down a decision on the Tulsa County Clerk fiasco late this afternoon.
The issue Kellough is deciding is whether there are too many irregularities to determine a winner with mathematical certainty. If that happens, the results would be tossed out and a new election ordered.
The recount in the race for Tulsa County Clerk ended September 7th with Pat Key's lead increasing by 5 votes after provisional ballots were counted. Unofficial results from the Tulsa County Election Board gave Pat Key 9009 votes to Dean Martins 8825, a difference of 184 votes.
In court Friday, Martin’s lawyer claims that there are more than 500 irregularities in the absentee ballots. Key’s lawyer argues that any irregularities are inconsequential and don’t affect the vote totals.
Patty Bryant with the Tulsa County Election Board tells KRMG that the soonest that new election could happen is the second Tuesday in January 2013. The cost to taxpayers would be approximately $170,000.00.