Appellate court hearing Fla. primary challenge

TALLAHASSEE, Fla. (AP) -- An appellate court is hearing oral argument in a challenge to a 17-vote victory in the Democratic primary election for a Florida Senate seat.

The case is on the calendar Wednesday for a three-judge panel of the 1st District Court of Appeal in Tallahassee.

State Rep. Jeff Clemens edged fellow House member Mack Bernard by just 17 votes-- out of more than 34,000 cast -- in the Aug. 14 primary for the District 27 nomination in Palm Beach County.

Regardless of how the case is resolved, Democrats are virtually assured of winning the seat because the only general election opposition is from a write-in candidate.

A trial judge earlier turned down Bernard's request to order that election officials count 40 unopened absentee ballots rejected by the county's Canvassing Board.

(Copyright 2012 by The Associated Press. All Rights Reserved.)