YNN.com

Albany / Schenectady / Troy

Change region

  66º

Updated 11/28/2011 02:01 PM

Mayoral candidate's attorneys head to court

By: Solomon Syed

Attorneys for candidates in the race for Schenectady Mayor are in court Monday to look at disputed absentee ballots. Gary McCarthy is leading Roger Hull by less than 100 votes. YNN's Solomon Syed has more from Schenectady

  To view our videos, you need to
enable JavaScript. Learn how.
install Adobe Flash 9 or above. Install now.

Then come back here and refresh the page.

Attorneys for both Schenectady Mayor candidates were back in court Monday with an update for Judge Vincent Reilly on the status of the absentee and affidavit ballot count.

As of 2:00 pm on Monday, 208 ballots remain in dispute, and alliance party candidate Roger Hull's attorneys again asked for another full, hand recount of all 9,500 votes cast in the race.

"And seeing what should be cast and what should be canvassed and not leaving it up to a machine, but actually having us do it," said James Walsh, Hull's Election Attorney.

"We are hesitant to burden the county with a full recount if it's not necessary," said Kathleen O'Keefe, McCarthy's Election Attorney.

Hull has actually picked up 15 votes since election day and now trails acting Democratic mayor Gary McCarthy by 62 votes in the unofficial tally. Also in question are voting machines that were evacuated during a minor election day fire and bomb threat at Schenectady High School.

"We want to make sure that every one of the votes have been counted, and that everyone had the opportunity to vote," said Walsh.

But opportunities to gain ground are dwindling. Judge Reilly set a Thursday deadline for both parties to whittle down the 208 disputed ballots to a manageable number. At that point he'll decide if a full recount is necessary.

"We don't think they can make that showing and we'd like the county to avoid spending the money and time for a recount," said O'Keefe.

YNN's been told about 30 remaining ballots will automatically be tossed because they were mailed late or the voters who signed them weren't registered. That leaves only about 180 ballots still on the table. Hull would have to carry about 70 percent of those to win.

"We're feeling cautiously optimistic," said O'Keefe.

"We're going to preserve our argument and come before judge Reilly and hope to see where the result ends up," said Walsh.

The first time Hull asked for a recount it was denied, but the argument now is that the race is still too close to call, with Hull actually gaining votes as the ballot counting process continues. The deadline to certify the results is December 3rd.