The campaign of Democratic Senate hopeful Cecilia Tkaczyk is filing an appeal on the 333 votes tossed out by a Montgomery County judge, claiming that they were discarded for “technical” reasons.

In the appeal, Tkcazyk says many of the votes — including 54 ballots in Democratic-heavy Ulster County — were tossed out on “hyper-technical” grounds in part because they were handed out prior to a two-week waiting period. An additional 206 ballots were tossed because voters had not properly listed their previous address, lawyers for Tkcazyk’s campaign contend.

The stakes in the outcome of the appeal are high. Republicans have already declared that Republican George Amedore is the winner in the newly drawn 46th Senate District after acting Montgomery County Judge Guy Tomlinson certified the race in his favor.

But the move allowed Democrats to appeal the race, which is the last outstanding race of the state Legislature.

Republicans have already formed an alliance with the five-member Independent Democratic Conference, but a victory in the SD-46 would give them a working majority, which includes Democrat Simcha Felder, who has pledged to sit the with GOP conference.

A GOP response to the Tkaczyk filing is expected by Friday.

121226 Tkaczyk Appeal

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