Democrat Kayla Koether has run into another hurdle as she fights to get absentee ballots counted.

Koether lost a recount in Iowa's House District 55 to Michael Bergan by nine votes. That district includes Winneshiek, Clayton and Fayette counties.

She filed a petition to get 29 ballots that haven't been counted into the final number. They weren't initially counted because it was unclear if the ballots came through the mail in time.

Iowa's Secretary of State and the Winneshiek County auditor have filed a motion to dismiss that petition. The Secretary of State argues the court does not have the jurisdiction to order a recount. It says Koether has a path to appeal through the Iowa House of Representatives.

The Secretary of State's Office said the issue is now in the hands of the Iowa District Court.

The Winneshiek County Auditor's Office said it will also do what the court rules. The office said it would be happy to open and count the ballots if that's what the court decides.

Republican incumbent Michael Bergan said he hopes the law and the integrity of the process is upheld.

Koether can appeal the result to Republican-controlled Iowa House of Representatives at least 20 days before the start of the legislative session, which would be December 25th.

Koether's team did not return a call for comment.

The next hearing on the petition has been scheduled for Dec. 20.

Editor's Note: this story has been updated to note Iowa law allows Koether to appeal her race to the Iowa House of Representatives, not the Secretary of State's Office.