RALEIGH, N.C. — A Wake County judge said Monday he will rule by the end of the week on whether Republican Steve Troxler has shown he should be the state's new agriculture commissioner.

Troxler is appealing a state order for a new election in all counties, saying he can show he would have won if electronic votes that were lost had been counted.

Officials with the Troxler campaign said they have 1,352 affidavits by Carteret County voters, swearing that they voted for Troxler in the November election.

"It was a heroic effort. The people of Carteret County really responded," said Marshall Hurley, Troxler's attorney. "They stated emphatically that they do not want a new, statewide election and they indicated and reaffirmed that Steve Troxler is the winner of this election."

A voting malfunction in Carteret County caused the loss of more than 4,400 votes. After a number of legal issues, the state Board of Elections decided to hold a new, statewide election.

After Monday's hearing, Troxler again called on Cobb to concede. Cobb's campaign manager said the incumbent has no plans to do that, and will let the legal process play itself out.