Despite an ongoing election dispute in Standish, Democrat Mike Shaw will be sworn in as Standish’s provisional representative when the state Legislature convenes Dec. 6.

“Since the election is still being disputed, the person who was declared the winner on election night is the person who will be sworn in on Dec. 6,” said Secretary of State Matthew Dunlap.

Shaw ran against Republican Incumbent Gary Moore in the Nov. 7 election. Shaw was announced the winner on election night beating Moore by 13 votes.

Since the margin of votes was so small, Moore activated his right to a recount. The recount took place at the State Public Safety Building in Augusta on Monday, Nov. 21.

At the end of the recount Moore had gained 19 votes to lead by six. Shaw then had the opportunity to concede or continue with the dispute process. He did not concede.

On Monday, the candidates and lawyers for both parties met again with the state election officials and again neither party conceded, leaving the election results undetermined.

Moore said the recount proves him to be the winner, while Shaw said there are some numerical inconsistencies that need to be looked at further.

“At the recount there were 66 more ballots than people who voted on election night,” said Shaw. “As of Monday there are three different groups of people who cannot come to a conclusion about where those 66 ballots came from. The only official results we have are from election night.”

Dunlap confirmed the existence of the 66 extra ballots but did not have an explanation for the discrepancy.

“We certainly do not believe mischief or incompetence was involved,” said Dunlap. “There are a thousand reasons why this could have happened. Besides that one piece, this seems to be a very clean election.”

On election night the power went out in Standish more than once, a fact which could have caused a ballot miscount, he said.

“It is our understanding that the power went out and that possibly affected a ballot counting machine,” said Dunlap.

Whatever the reason for the discrepancy, the Secretary of State’s Office is now out of the decision-making process. The issue will now go to a newly formed Election Committee.

The committee will do a full investigation of the election including public hearings, witness testimony and ballot reviews. While the committee will investigate the matter, they don’t have the power to determine a winner. That is left up the state Legislature.

“The committee tries to resolve things to the best of their ability,” said Dunlap. “The committee will review all the information and then give a recommendation to the house floor who will ulimately decide the outcome.”

The bipartisan Election Committee will consist of five Republicans and five Democrats, most of whom will be seasoned legislators.

Once the House of Representatives receives the recommendation members will debate the issue before doing a House vote.

Historically, the House usually follows the recommendation of the committee. At anytime during the process either candidate can withdraw and concede the election – an action Moore and Republican leaders is hoping Shaw will take.

“Mike Shaw should do the right thing and concede,” said Moore. “Standish voters elected me and their decision is now going to be second-guessed by the Legislature.”

Shaw believes neither should concede but that they should wait to see the outcome of the investigation.

“To me the recount was inconclusive. I think we need to wait and see what the committee has to say,” said Shaw. “I want to know exactly what the will of the people was. Did I truly win or did he?”