SA judge denies Gina Ortiz Jones' request to extend deadline for provisional voters

SAN ANTONIO – UPDATE: 

Judge Stephani Walsh, with the 45th Civil District Court, has denied Democratic challenger Gina Ortiz Jones' request to extend Tuesday's 5 p.m. provisional ballots deadline by 48 hours.

The extension would have allowed voters additional time to cure their provisional ballots.

Noelle Rosellini, a spokesperson for Ortiz Jones, said all provisional ballot voters have to cure their ballot before the deadline to make sure their votes are counted. She said military or overseas ballots must be in by 7 p.m. Tuesday.

Below is a statement from Ortiz Jones' campaign:

Our goal this entire time has been making sure that every voter has their vote counted, and we're doing all we can to ensure that is the case. It's unfortunate that Bexar County refuses to comply, but we're still committed to making sure every provisional ballot voter knows that today is the deadline and they have until 5 p.m. to take action and make sure their vote is counted.

As for next steps, we're still working hard to make sure every voter is counted before today's 5:00 p.m. deadline, and we're seeing how many provisional, absentee, and military/overseas ballots come in. That's the focus over the coming week.  

Below is a statement from Will Hurd's campaign:

The goal of Gina Jones' desperate lawsuit was to force county election officials to violate Texas law. In contrast, our campaign wants every vote to be counted with a clear, uniform standard in accordance with the law. If they are, the final vote tally will reflect the will of the voters and re-elect Will Hurd to Congress. 

ORIGINAL STORY:

Democratic challenger Gina Ortiz Jones is not conceding the 23rd Congressional District race to Republican incumbent Will Hurd and has filed a motion to force the Bexar County election administrator to release the list of provisional voters.

Ortiz Jones said her campaign is working with all 29 counties to make sure every vote is counted, including the provisional ballots.

"(Tuesday) at 5 p.m. is the deadline by which folks who voted provisional ballot have the opportunity to cure their ballot and make sure that it is counted," Ortiz Jones said.

RELATED: Ortiz Jones not giving up; Hurd claims victory in District 23 congressional race

Ortiz Jones said because the election administrator has yet to provide the list of provisional voters -- which she said is a form of public records -- a judge ordered Monday night to release it.

"We have filed a motion to compel the elections administrator to release this list and seek a 48-hour delay, which would allow voters additional time to cure their ballot," she said.

While Hurd has a 1,150-vote lead over Ortiz Jones, a winner has yet to be announced.

Ortiz Jones said she does not know how many votes are still out there, which is the reason for the motion and the list to be released.

A hearing for the 48-hour delay request is scheduled for 1:30 p.m. Tuesday at the Bexar County Courthouse.

RELATED: Will Hurd urges Gina Ortiz Jones to concede U.S. Rep. District 23 race

On Thursday, Hurd urged Ortiz Jones to concede, saying that there are not enough votes for her to claim victory.

"While we agree that all votes must be counted, it's also time for Gina Jones to acknowledge that Will Hurd maintains over a 1,150 vote lead that is insurmountable given the small number of uncounted ballots," Justin Hollis, Hurd's campaign manager, said.

"A television interview that smacks of desperation will do nothing to change the reality of the situation; it only highlights the priority she puts on her own aspirations rather those of the citizens of the 23rd Congressional District," Hollis said.