A judge has thrown out a lawsuit filed by a Democratic challenger in an Iowa House race decided by just nine votes in the Nov. 6 general election.

Polk County District Judge Scott Beattie ruled late Thursday night the courts lack jurisdiction in deciding a matter of 29 disputed absentee ballots in northeast Iowa's House District 55 race. The winner was incumbent Rep. Michael Bergen, R-Dorchester. More than 13,800 votes were cast in the contest.

Beattie concluded the Iowa House, in exercising its sovereign power under the Iowa Constitution, has the exclusive right to determine the merits of the dispute. He granted a motion to dismiss the suit, which had been filed by Democratic candidate Kayla Koether of Decorah.

Because Republicans hold a majority in the House, it's almost certain they will uphold Bergen's victory. Secretary of State Paul Pate, a Republican, was a defendant in the lawsuit.

"The election has been certified, the court dismissed their case, it’s time to move on," said Jeff Kaufmann, chairman of the Republican Party of Iowa.

The 29 absentee ballots at issue were not counted by Winneshiek County election officials because they did not contain a postmark indicating when they were placed in the federal mail system.

Koether had argued the rejected ballots should be counted because they had barcode data on their return envelopes that could show whether each was mailed on time. A report filed with the court indicated the barcode readings showed the 29 ballots were deposited with the U.S. Postal Service on Nov. 5, which was in time to be counted.

Koether officially filed a challenge to the election Friday in the Iowa House of Representatives. She said there are at least 29 northeast Iowans who cast their ballots on time - in good faith - and followed the law, yet elections officials have refused to count their votes.

"Ensuring that all legal votes are counted is foundational to our democracy and to our faith in our elections. We will always fight to maintain the rights not only of these voters, but of all Iowans," Koether said.

House Speaker Linda Upmeyer, R-Clear Lake, promised earlier Friday that if the election was contested in the House "we will determine whether or not the claim has merit."

Troy Price, chair of the Iowa Democratic Party, expressed disappointment at the judge's ruling.

“We have watched in disgust over the past several years as Iowa Republicans have put hyper-partisan political games over the good of the people of Iowa, but this is a step too far," Price said. "Twenty-nine Iowans who legally cast their ballots in 2018 are being denied their voice in our democracy because it might be politically inconvenient for Iowa Republicans. It’s absurd and insulting. We will keep fighting for Iowans’ civil rights because it’s the right thing to do.”

Pate said he agreed with the judge's conclusion. “Per Iowa Code and the State Constitution, the Iowa House of Representatives is the proper authority for hearing an election contest," he said.

Mailed-in absentee ballots must be in the local election office before the polls close on Election Day. Incoming absentee ballots arriving after that date must be postmarked on processed mail no later than the day before the election.

Both Pate and Winneshiek County Auditor Benjamin Steines had defended their interpretation of state law, which they said dictates the disputed ballots should be rejected, in part, for missing postmarks.

One potential problem is that the U.S. Postal Service doesn't always postmark mail. In other instances, some mail is processed outside of town. In an effort to address such issues, some auditors tell voters to personally turn in absentee ballots in the days just prior to an election instead of relying on the postal service.