An appeals court in Albany ruled Wednesday that an additional 99 paper ballots should be opened in the last outstanding state Senate race, giving Democrat Cecilia Tkaczyk hope she could overcome a 37-vote deficit.
The state Appellate Division of the Supreme Court overturned a lower court’s ruling in ordering the ballots opened, including 53 cast by election workers in Ulster County, where Tkaczyk performed well on Election Day. The appeals court upheld a judge’s ruling in not opening another 232 ballots.
As it stands, Assemblyman George Amedore, R-Rotterdam, Schenectady County, holds a slim lead over Tkaczyk, a school board member from Duanesburg, also in Schenectady County. The pair is battling for the newly created 46th Senate district, which includes parts of five counties.
In a statement, Amedore said he would let the court battle play out before acting as a senator. It’s unclear if he will appeal the appeals court’s ruling to the state Court of Appeals.
“I have tremendous respect for the judicial process and despite being certified the winner in this race, I believe that the only appropriate action is to allow the pending legal matter to conclude,” he said in a statement. “This is about governing, not politicizing and I believe some may have attempted to use this day to detract from the critical issues important to all of us.”
Here’s the Appellate Division statement: