HERKIMER, N.Y. – After lost ballots decided the race for Herkimer County family court judge, candidate Mark Rose is calling for a recount.
Rose faced Thad Luke in the Republican primaries in June. After counting absentee ballots, the race was initially declared a tie, before lost ballots were fount in Norway and Salisbury.
After counting the newly found ballots, Luke was declared the winner by just five votes.
On Monday, Rose sent a letter to the New York State Board of Elections requesting a manual recount.
This was the first year the Herkimer County Board of Elections used a machine to tally absentee ballots, instead of counting them by hand.
According to Rose’s letter, there is no law requiring a recount in this situation, but there is no law that prohibits it either.
“Many voters have come up to me and asked me why I wasn’t doing this, it’s a statistical tie and how could there not be a recount, and that’s really what prompted me to do this," Rose said. “The concerns are with the actual process, and believe it or not how the ballots go into the computers does not always give you the correct reading. It's my understanding that the State Board of Elections does not advocate having recounts and analysis of the ballots because there’s a high likelihood that you will come out with different numbers.”
“If he is successful getting a legal challenge and has a recount, I would support the courts determination on that, and I would trust whoever does the recount, whether it be our board of elections or they hire out, I trust they would do their best and come to the right count," Luke said.