The Denver Post reports on today's court hearing in the ballot counting case over the new House seat in Colorado, being fought over by Democrat Mike Feeley and Republican Bob Beauprez. Upshot: Feeley wants all the provisional ballots counted and the Judge may rule Wednesday.

Meanwhile, columnist Mike Littwin has a good synopsis of the ballot issues in the lawsuit:

"It's a two-part problem. You start with provisional ballots. These are ballots for people who, for one reason or another, couldn't use a regular ballot, usually because of a registration mix-up. And these ballots are put aside for later counting, which would be, say, now."

"Then you go to the newly formed 7th District, which is spread over three counties. In two counties - Adams and Arapahoe - they followed the state-advised procedure, which was to ask voters to check a box saying why they needed a provisional ballot."

"In Jefferson County, because it's Jefferson County, they went their own way - offering provisional voters a box-free, check-free ballot. No one knows why."

"Once she saw the discrepancy, Davidson ruled all eligible provisional ballots in check-free Jefferson County would be counted - because the voter shouldn't be penalized for the county's mistake. And she ruled that some unchecked ballots in Adams and Arapahoe would be discarded, because an unchecked ballot meant it was the voter's mistake."

"You can see the problem. So, it turns out, could the lawyers. Unlike Florida, this is not a recount. The provisional votes haven't been counted at all. Feeley is trying to get the rules straight before this turns into Florida. And he's trying to get it straight because he's 386 votes behind."