Multiple media outlets declared the race for Herrell on election night, prior to all the votes being counted.

After Dona Ana County completed its tabulation Wednesday night, the Democrat, Xochitl Torres Small was declared the winner.

The Republican Party of New Mexico released this statement Wednesday referencing the suit:

“In response to concerns raised by voters, the Yvette Herrell campaign made the decision yesterday to file a petition in Doña Ana County District Court to allow for a review of the absentee ballot process. We hold a responsibility to look into these matters so we can provide voters the answers they deserve, and believe this is a common-sense step to ensure the integrity of this election.”