It's still Election Day in five congressional districts around the country without a declared winner. Should Democrats win the races, the party will have picked up a net total of eight Congressional seats.
House races in Arizona, California and North Carolina have still not been decided, although Democrats are leading in all of the counts, NBC News' Chuck Todd reported. In Florida, where Democrat Patrick Murphy's lead is outside the margin that would trigger a recount, Tea Party Rep. Allen West refuses to concede the race and was considering legal action against St. Lucie County.
West's followers staged a protest outside of the Supervisor of Elections office Tuesday, claiming voter fraud, according to NBC News.
Rep. Ron Barber, a former aide to Rep. Gabby Giffords, was voted into office to finish out her term in Arizona's 2nd district. Giffords resigned from her office after she was shot in the head by Jared Lee Loughner during a congressional event at a suburban supermarket in 2011, Barber was also injured in the attack. Barber faced Republican Martha McSally last Tuesday and led by just a few hundred votes.
Two House races hung in the balance in California's 7th and 52nd districts. In the 7th district, which includes Sacramento County, Democrat Ami Bera led Republican Dan Lungren by 1,779 votes, the tally was apparently delayed by an influx of absentee ballots into the county. At the other end of the state in San Diego, Republican Brian Bilbray trailed Democrat Scott Peters by nearly 1,889 votes Monday, NBC News reported.
In North Carolina's 7th-district, incumbent Democrat Mike McIntyre led Republican David Rouzer by 533 votes, according to the latest NBC News tally. Officials in the district, which had been redrawn to favor Republicans, were still counting provisional and absentee ballots Tuesday.