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The Republican in the nation’s last undecided congressional race is asking a North Carolina court to require that he be declared the winner because the now-defunct state elections board didn’t act.

A lawsuit Mark Harris filed Thursday claims the disbanded elections board had been declared unconstitutional, so its investigation into alleged ballot fraud by an operative hired by the Harris campaign was invalid.

The elections board was dissolved on Friday by state judges who in October declared its form unconstitutional but allowed investigations to continue. A revamped board takes effect Jan. 31.

Harris asks a trial-court judge to order the state elections director to certify the Republican as the winner.

Harris was being interviewed by state investigators Thursday, as all other U.S. House winners are sworn into office in Washington.

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