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NASHVILLE, Tenn. (AP) — An abortion rights’ advocate says an amendment to the Tennessee Constitution that would clear the way for putting restrictions on abortions is likely to be thrown out now that a judge has ordered a recount of the votes.

Fifty-three percent of the voters approved the amendment in November 2014. Last week, however, a federal judge ordered a recount after finding that the method used to tabulate the votes was fundamentally unfair to those who opposed the amendment.

The lead plaintiff in a lawsuit that challenged the election results said Monday that the election was unfair.

It’s not clear if the state will appeal the recount order. A spokesman for the state attorney general’s office said lawyers are currently reviewing the recount order of U.S. District Judge Kevin Sharp.