Rochester, N.Y. - A judge issued his decision Friday morning on ballots that had been in question in the Livingston County District Attorney's Race.
An initial recount after the September 13th Republican Primary resulted in a tie between Steve Sessler and Eric Schiener.
A math error in the initial count gave Schiener an extra vote entering Wednesday's Court proceedings.
Seven other ballots were in question for the judge.
On Friday, State Supreme Court Judge John Ark ruled:
- One sealed and unopened ballot was ruled valid and will be opened and counted on Monday.
- Two ballots with stray marks we thrown out by the just and two more ballots that were unsealed and reviewed were also thrown out by the judge. (4 total thrown out)
- Two other ballots were allowed and while they'll be "officially" counted on Monday they are known to be votes for Sessler.
The decision leaves Sessler up by one vote with that one ballot was set aside.
The last three ballots (1 sealed, 2 known to be for Sessler) will be counted Monday morning.