AUGUSTA – Republicans rejected the preliminary findings of the Secretary of State’s Office on Tuesday after state officials determined a Bristol Democrat had received the most votes in a hotly contested race that will determine the balance of power in the Maine Senate.

At the close of the second phase of a two-day recount in Senate District 16, Christopher Hall was determined to have received 8,893 votes. His Republican opponent, Leslie Fossel of Alna, was deemed to have received 8,884 votes.

Democrats and Republicans could not resolve differences of opinion over 63 disputed ballots that, pending further review by the Senate, could actually result in a win for Fossel.

According to Republicans, the voters’ intent was indeterminable in 29 ballots. Of the remaining ballots, the GOP leaders maintained 24 were clearly votes for Fossel, while 10 were unquestionably cast for Hall.

Earlier in the day, GOP senators met and were so certain of the outcome that they nominated Senate President Rick Bennett of Norway to continue in his presiding officer’s post. Sen. Paul Davis of Sangerville was chosen as Senate Republican leader and Sen. Chandler Woodcock of Farmington agreed to serve as assistant GOP Senate leader.

Republicans claimed Democrats refused to consider ballots on which Hall’s name was circled or underlined by a voter instead of connecting the ends of an arrow, as directed under voting instructions.

Democrats also rejected Hall ballots on which the voters indicated their choices in blue or black ink rather than in pencil. They also discounted two votes with stray marks appearing elsewhere on the ballot. Republicans wanted two ballots counted that were disqualified after the outside of the ballot envelopes were marked void but the ballots were not.

As a result, Hall was able to retain a nine-vote lead over Fossel. Originally arriving at the recount with a two-vote winning margin, Hall was up by nine votes Monday when the total number of contested ballots reached 165.

Both men agreed to split 102 votes Tuesday, leaving the disputed 63 ballots in contention.

Democratic Senate Majority Leader Beverly Daggett of Augusta said it was clear Hall was the apparent winner in the race and should be seated in the Maine Senate.

But Bennett said the recount results were inconclusive due to “frivolous” ballot challenges by Democrats. Bennett and Fossel’s attorney, Steve Lechner, said when the disputed ballots are reviewed objectively, Fossel will win by five votes.

“It is clear from everything we have seen over the course of the last two days that Mr. Fossel won this contest,” Lechner said.

But Daggett argued the recounts had been carried out according to procedure set forth in law and that Republicans needed to move on. Still, she conceded that much was at stake for both parties, which pending the official outcome of the District 16 race are deadlocked in the Senate with 17 Republicans and 17 Democrats.

If Gov. Angus S. King and the Secretary of State’s Office certify Hall as the apparent winner of the race, he will be sworn in as a member of the Senate.

According to the Maine Constitution, the Senate will determine the qualifications of its members. After being sworn in as a member of the Senate, Hall would give Democrats a one-seat majority.

Regardless of the outcome of an inspection of the disputed ballots by a Senate panel, Hall has stated he would vote for himself if the legitimacy of his right to serve in the Senate was questioned. Republicans said they have no reason to believe any of the Democrats would vote themselves out of power.

But Democrats said their candidate won fairly in the contested race – not once, but twice. And they’re ready to see him win a third time if the final decision is left to the Senate when it convenes Dec. 4.

“I don’t think the public benefits by dragging out this election into next month when it’s clear that we have a winner already,” said Assistant Senate Majority Leader Sharon Treat, D-Gardiner.