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11/29/2012 07:13 AM

46th Senate District race heading to court

By: Megan Cruz

Lawyers for the two candidates hoping to declare victory in the 46th Senate race will be in court Thursday. YNN's Megan Cruz has more.

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UPSTATE NEW YORK -- It's been a long three weeks for Republican George Amedore and Democrat Cecilia Tkacyzk. They've been in a very tight race since election night and throughout the counting of absentee ballots.

On Thursday, the process continues to figure out who will finally win this seat. That means heading to court to address questionable ballots.

Earlier this week, the five counties in this newly-formed district have wrapped up counting all eligible ballots. The lead switched back and forth between the two as ballots were counted. At last check, Amedore led by just 110 votes.

It's still too close to call, so now the winner will be decided in court. Lawyers for the two candidates will head to a Montgomery County Court. They'll appear in front of Supreme Court Judge Guy Tomlinson to challenge ballots that seem questionable.

Republicans are challenging 664 ballots, while 210 ballots will be challenged by Democrats. The lawyers for both sides are disputing the validity of each ballot, whether it be that it's incomplete, or filled out incorrectly.

Judge Tomlinson will be the one to decide if those ballots will be counted or thrown out. His decision regarding these more than 800 ballots is crucial because in a race so close, every vote counts. The winner of this race could be the deciding factor as to who will control the state Senate.