BATTLE CREEK, Mich. (WOOD) — A lawsuit attempting to stop the Calhoun County Board of Canvassers from recounting absentee ballots from Battle Creek has been thrown out, the Detroit Free Press reports.

The suit had been filed by Steve Frisbie, a Republican currently serving on the Calhoun County Board of Commissioners. Unofficial results of the Nov. 6 election show that Frisbie defeated incumbent Rep. Jim Haadsma, a Democrat by nearly 1,400 votes. But the Calhoun County clerk then realized that about 2,800 absentee ballots had not been counted, The Detroit News reported, and revised the unofficial results. The updated figures had Frisbie up by only 58 votes.

Frisbie’s lawsuit was filed against the Calhoun County Board of Canvassers, asking a county judge to stop the board’s ordered recount of absentee ballots from Battle Creek. It argues that the canvassers ordered the recount before reviewing the Battle Creek absentee voter returns, which it says is illegal.

However, Michigan Democrats said the canvassers OK’d the retally after the county clerk checked in with the Michigan Bureau of Elections and “indicat(ing) the canvassers did have the authority to order re-tabulation.”

When Frisbie’s suit was filed, the recount was paused for a time Wednesday. The Michigan Democrats say it started back up after the canvassers voted again to go forward. Representatives from both campaigns were there as work resumed, the county clerk said.

Whether or not the retabulation could actually tip the election in Haadsma’s favor remains to be seen.