Story Created:
Oct 2, 2009 at 10:01 PM EST
Story Updated:
Oct 3, 2009 at 2:00 PM EST
UTICA, N.Y. (WKTV) - Oneida County Supreme Court Judge Samuel Hester has ruled that 22-year-old Nedzad Smajic is the winner of the 2009 Democratic Primary for Utica's First Ward. But incumbent Frank Vescera says he is going to appeal the results.
Back on primary night, Smajic was declared the winner. But after a recanvassing, Vescera was declared the winner by one vote with a final vote tally of 102-101. Smajic and his attorney said they didn't agree with some of the ballots that were invalidated and asked for a State Supreme Court Judge to intervene. After all the ups and downs, the five emergency ballots put Smajic in the lead. According to Smajic, the final results is 106-102. "It's been a little hectic...but I consider myself victorious," Smajic said.
Vescera says he is disappointed in the ruling and will be appealing the Judge's decision. In a statement he said "I'm truly disappointed that Judge Hester based his decision on the law of 'Write-In-Votes' which doesn't apply when your name is already on the machine," Vescera said. "In addition, allowing a candidate to mingle with voters inside the polling area for hours violates the law and disfranchises all voters who voted legitimately. Because of this I will be appealing Judge Hester's unfortunate decision."
If Vescera's appeal does not go in his favor, the race for Utica's First Ward Common Council seat will still be a three-way contest. Frank Vescera is already on the Working Families Party Line. Meanwhile, Edward Hill is running on the Republican Party ticket.
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