A recount last week affirmed that Democrat Jon Morgan of Brentwood beat incumbent Republican Bill Gannon of Sandown by 105 votes out of the almost 26,000 cast in the race for New Hampshire Senate District 23.
Gannon and other Republicans had questioned whether the Democrat met the seven-year residency requirement laid out in the state constitution.
Late on Sunday, Gannon said he had been persuaded by evidence Morgan provided that he was a qualified candidate.
The Ballot Law Commission didn't go that far. Since Morgan has already won election, the commission ruled that judging his qualifications falls to the state senate itself.
"As the motion said we don't presume to tell the senate what to do with it," said Brad Cook, commission chairman.
Morgan said the allegation against him had always been baseless and he was pleased by the resolution.