The Daily Gazette
The Locally Owned Voice Of The Capital Region

Count more votes in the 46th Senate District

Democrat Cecilia Tkaczyk is going to push for more votes to be counted in the contested 46th Senate District.

The decision, which she revealed to the Gazette this morning, comes on the heels of Republican Assemblyman George Amedore's request to halt the counting of additional ballots. Earlier this week a mid-level appeals court ordered 99 invalidated ballots be counted.

Amedore currently has a 37-vote lead, but the 99 additional ballots are expected to lean heavily for Tkaczyk and might put her in front.

As a result, Amedore's lawyer, David Lewis, has requested the state Court of Appeals, the highest court in the state, hear an appeal to overrule the lower court ruling and sustain the findings of the trial judge, who invalidated about 450 votes.

Tkaczyk's legal team, which needs to respond to Amedore's request for an appeal by Monday, could either argue that Amedore's request shouldn't be granted or they could also appeal the recent ruling on the grounds that more than 99 votes should be counted. Her team has chosen the latter option and will push for the top court to validate some of the 200 ballots the mid-level appeals court wouldn't touch.

It is expected that the Court of Appeals will decide whether or not it will take any action next week. If they decide to hear any appeals, it is not clear when that process would start. Any vote counting has been halted until the court decides whether it will hear an appeal.

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