Democrat Cecilia Tkaczyk has appealed “hyper-technical mistakes” that invalidated more than 300 paper ballots cast in the race for the state’s 46th Senate District seat, her attorney said on Friday. Republican candidate George Amedore was expected to file a response to his opponent’s appeal by 4 p.m. Friday, but Amedore’s spokesman could not be reached for confirmation of that. Acting state Supreme Court Justice Guy Tomlinson on Dec. 18 certified Amedore the winner of the 46th Senate District race by a margin of just 37 votes, 63,141 to 63,104. The ruling was made public the following day, at which point Tkaczyk’s campaign indicated she would file an appeal. That appeal was filed Wednesday with the state Supreme Court Appellate Division, Third Department.
The case is scheduled to be heard Jan. 7, six days after state lawmakers are to begin their new term.
“The vast majority of the unopened or contested ballots were ruled invalid by Supreme Court based upon hyper-technical mistakes or omission of the voters, inspectors and commissioners or based upon misleading, incomplete or erroneous instructions of the local boards of elections given to the voters,” Tkaczyk’s attorney, James Long, wrote in the appeal. “Not one scintilla of evidence was proffered by the objector, George A. Amedore Jr., of any fraud. Rather, the disenfranchisement of hundreds of voters was based upon inconsequential deviations from the letter of the law.”