An attorney for Rep. Ron Barber ( D-Ariz. ) is raising the prospect of a long , drawn-out battle over control of his Tucson-area district , a seat once held by his former boss Gabby Giffords , as his contest with Republican Martha McSally looks increasingly likely to head to a recount . Kevin Hamilton , Barber 's legal counsel , said Wednesday that the campaign is n't taking `` anything off the table '' in potentially challenging the outcome of the race when it 's certified next month . `` There are lots of potential options . There is the ability to file an election contest under state law . There 's a recount that goes forward , and as we 've seen in other states that can affect the outcome of the election , '' he said . `` There 's a range of options and we 're not taking anything off the table . '' McSally , as of the last vote tally , leads Barber by just 161 votes , a margin that will trigger an automatic recount after the state certifies the vote Dec. 1 . But Barber 's campaign has identified more than 130 ballots in Pima County they say were illegitimately thrown out , and say there are likely others . The campaign attempted to delay the vote certification in Pima and requested those ballots be included , but the request was denied Tuesday . And while they 're pursuing another delay in the district 's other county because of similar ballot issues on Thursday , Democrats admit they 're not optimistic it will be granted . Democrats wo n't publicly address the prospect of pursuing legal options in the race , and Hamilton declined to comment specifically on what those options might be . But he at times compared the situation in Arizona 's 2nd district to Sen. Al Franken 's ( D-Minn. ) 2008 reelection legal fight , which dragged on for more than eight months . `` In the Franken recount , there was an effort to add in wrongfully rejected ballots in the recount and we can talk about that if we get to that point , '' Hamilton said . Under state law , however , Barber would have to wait to file a legal challenge until after the secretary of State has certified the results of the election , which is due Dec. 1 . In the meantime , McSally is already moving forward with her duties as though congresswoman-elect . She arrived in Washington this week for freshman orientation , and her spokesman said she 's `` very confident '' her lead will hold after the entire process is through . Barber 's seat is just one of a handful not yet called from this year 's midterms . Two House races in Louisiana are going to runoffs next month , and two House races in California are still too close to call .
Rep. Ron Barber is down in his reelection fight against Democratic challenger Martha McSally . Barber 's counsel said all cards are on the table . The latest count had Barber down by 161 votes .