WNYT.com

46th state Senate race heads to court

Posted at: 11/29/2012 12:33 PM
Updated at: 11/30/2012 11:59 AM
By: WNYT Staff

FONDA -The battle for the 46th state Senate seat is now being fought in a Montgoery County courtroom. Over 800 ballots are currently being disputed in Fonda. 

A State Supreme Court judge helped the two sides work out a schedule to hear arguments so that he can determine which ballots will be counted and then when the counting can begin.

The counting is tentitavely slated to begin next Tuesday in Montgomery and Schenectady Counties where the fewest number of disputed ballots can be found.

The counting will finish up later in the week in Ulster County where the most overwhelming amount of ballots remain. Most of the objections in the Democratic stronghold have been made by the Republicans.

"I believe a lot of the challenges have no basis in law," said Tkaczyk's attorney, Frank Hoare, "and I think that will be proved out in front of the judge."

"There are people who are registered in more than one county. There are people who are not really residing where they claim under oath to reside. I think you want to have as close of a resolution as possible, but you want to make sure the result is accurate, complete and thorough, and the urge to do something quickly always ends up having it done badly,"said Amesore's Attorney David Lewis.

The stakes are high in this decision because if Tkaczyk comes from behind, that would mean the Democrats would wrestle away control of the state Senate, giving them control of both houses of the legislature and the governor's office.