Jerstad a few votes down, but still on top.
Read it all here. That ballot screwup could mean that this election is not yet over if Earley decides to pursue it further. And why not? With 13 votes separating them, and 27 spoiled ballots where the intent of the voter can't be ascertained there's enough doubt that I'd at least be asking my attorney and the party what my options are.
From the challenges by Earley's attorney at the Canton recount, it appears they are going under a theory of disenfranchised voters. In Lincoln County, at least seven District 12 voters got absentee ballots with the wrong legislative district. After the ballots were flagged when going through the scanner machine, the election reconciliation board filled out appropriate ballots for that district, leaving the candidates for legislature in the correct district unvoted. (They would have no way of ascertaining the voter's intent for the right ballot.)
I haven't heard yet what went on in Minnehaha County. It's been reported that the county auditor there delivered the wrong ballots to one of the precincts and that voters could either wait for the correct ballots or vote on the "wrong" ball, leaving the legislative races blank. I believe that was 27 ballots.
While 27 ballots and the wrong absentee ballots could be enough to have changed the election, I don't know what the remedy would be. A special election would also disenfranchise previous voters who can't vote in another election for whatever reason. Turnout would likely be much smaller. I doubt that a court would order a new election.
Is this over? I don't think so.