New count, new result in Utica Common Council primary

By JOLEEN FERRIS

Story Created: Sep 23, 2009 at 6:19 PM EST

Story Updated: Sep 23, 2009 at 6:31 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.

Smajic needs this victory to win; he doesn't have any other party lines come November. Vescera is on three other lines so he will be on the ballot regardless of whether or not he stays the winner in the democratic primary.
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