TALLAHASSEE (AP) — An appellate court has sharply questioned the lawyer for a candidate appealing a 17-vote loss in the Democratic primary election for a Florida Senate seat.

A three-judge panel of the 1st District Court of Appeal heard the case Thursday in Tallahassee.

State Rep. Jeff Clemens edged fellow House member Mack Bernard in the Aug. 14 primary for the nomination in Palm Beach County.

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

The appellate judges noted a trial judge who earlier turned down Bernard’s challenge appeared to be closely following state law. That judge upheld election officials who had refused to count 40 absentee ballots due to signatures that did not match those on record.