However, Durkin demanded a recount, which resulted in Durkin winning by ten votes. Governor Meldrim Thomson then certified Durkin as the winner. However, Wyman demanded another recount in which he prevailed by two votes. Cotton resigned on December 31, 1974; Thomson appointed Wyman to the seat for the balance of the term ending January 3, 1975, to give him a leg up in seniority. This appeared to end the dispute, but Durkin appealed to the full Senate, which is the final arbiter of Senate elections per the Constitution.