Democrats are already facing the loss of another seat with a recount for a statehouse seat where the candidates receives the same number of votes. If the New Hampshire Ballot Law Commission can’t resolve the tie, a vote of the newly-seated Legislature will decide its outcome.

O’Brien, who is a former speaker of the New Hampshire House of Representatives, said the secretary of state never declared a winner in the race, but instead only posted results prior to a discrepancy discovery when the secretary of state conducted an audit of the gubernatorial race in the same district.