With less than nine votes dividing the candidates for Saratoga Springs commissioner of public works, Democrat and write-in candidate Hank Kuczynski fought for every ballot in his favor on Friday [February 7] in state Supreme Court.
Judge James Walsh presided as attorney Sarah Burger argued that 106 ballots Republican Election Commissioner Joseph Suhrada wants to toss are clearly for Kuczynski. She also argued that voter intent overrides the concerns of GOP candidate Charles “Chuck” Marshall’s attorney, Matthew Clyne, that stray marks on write-in ballots identify voters and therefore void their ballots.
“As this was an election with a write-in candidate, this presents issues that are unique and factually specific,” Burger said. “The voter must, contrary to what they need to do to vote for Charles Marshall, write words on the ballot to express their intent and cast a vote for Mr. Kuczynski. As of today, as discussed there are 106 disputed ballots. The overwhelming majority of those ballots contain words that clearly express the intent of the voter to vote for Hank Kuczynski. It is our position that the intent of those voters must be honored because that is both reasonable and just. To not honor the intent, by not counting those votes, we believe violates New York state election law, supporting regulations as well as prior precedent that goes back 50 years.” More in the Times-Union.