New winner in Utica First Ward Council primary

By By JOLEEN FERRIS

Story Created: Sep 23, 2009 at 12:03 PM EST

Story Updated: Sep 23, 2009 at 12:03 PM EST

UTICA, N.Y. (WKTV) - A recount and re-canvassing have resulted in a new winner in the Democratic primary for First Ward Common Council in Utica.

Originally, it appeared as though 22-year-old Nedzad Smajic beat incumbent Frank Vescera but a recount has put Vescera ahead by one vote: 102-101.

Smajic's attorney, David Goldbas, has filed papers with State Supreme Court, challenging some ballots that the Oneida County Board of Elections threw out, "twelve votes, we think they were Smajic votes. The board of elections invalidated five of them; we think the statute should have validated them and they should be counted. If they're counted there will be a different result in this case," says Goldbas.

The case has been assigned to Judge Hester, and Goldbas says he is just waiting for a court date.
This content requires the latest Adobe Flash Player and a browser with JavaScript enabled. Click here for a free download of the latest Adobe Flash Player.

What's On