Buffalo, NY (WBEN) The battle over ballots in the 63rd State Senate primary race between Tim Kennedy and Betty Jean Grant came to an end Friday. The State Supreme Court ordered the Erie County Board of Elections to certify the results.
Kennedy's spokesman John Mackowiak said Kennedy's lead of less than 100 votes expanded during the court review.
“I am glad that we have gone through this process and have ensured that every vote was counted efficiently and fairly. On Primary Day, we commanded the lead, and our margin of victory continued to grow when the Board of Elections conducted their final tally,” said Kennedy. “We’re thrilled the State Supreme Court completed its comprehensive review today and has ruled that it is finally time to certify our victory."
“The State Supreme Court ruling comes just in time. Any further delays could potentially deny local military personnel their right to cast a vote in the upcoming presidential election. State law requires that military ballots be sent out this weekend, so I am pleased that our victory will be certified and that the Board of Elections will now be able to print and send ballots to members of the armed forces," adds Kennedy.
Earlier Friday, nearly 500 ballots were at issue according to Grant. "Ballots the commissioner ruled valid but our opponents' lawyer has ruled invalid. There are ballots my attorneys have ruled valid, but the commissioner has ruled invalid. So, we're trying to get into those machines," explained Grant.
She said there were ballots declared "undervote" where a voter circles the name of the candidate instead of filling in the bubble. "The bubble's not circled, so the ballot is still in the machine, but the intent is to vote for me," explained Grant.