HOA election irregularies

We had a recall election back in 12/2010. The board to be recalled conducted the election themselves. They abused their power by adding ballots and made the recall fail. Homeowner filed a court claim to validate the count. The claim was settled. The agreement was to have another recall. The second recall was handled by a retired judge. The second recall succeeded. However right after the election of new board, the recalled board went to the judge and asked for recount. The first recount did not change the result. They insisted a second recount. The judge and HOA lawyer discovered they had missed a ballot that changed the election result. We homeowner also requested a recount and discovered there is an additional ballot. We have 87 members. According to the judge, 6 members did not vote. We should only have 81 ballots. Judge has 82 ballots on hand. Both the Judge and the HOA lawyer could not explain the discrepancy. Since the ballots are secret. The judge was not able to validate against envelops because they were destroyed. We would like the judge to announce the election invalid. It has been a week, the judge and the HOA lawyer are silent. I know we can sue the judge and HOA attorney for malpractice. We had spent over $30,000 on this recall/election, we can not afford another legal action. What can we do to resolve this?

Bet the judge is looking for a parliamentarian to help him/her out.

Since this vote is contingent on ONE ballot, and that ballot is in dispute, then what you have left over is really a tie. Probably not what you want, since that means the motion to remove dies.

Best that the entire vote be declared invalid and another vote taken. (And all parts of the ballot should be kept - shame on the court for not knowing that)