Judge rules on disputed absentee ballots in Livingston County DA primary

Posted at: 09/28/2012 12:15 PM | Updated at: 09/28/2012 12:32 PM

Supreme Court Judge John Ark has ruled that 3 of the disputed absentee ballots will be valid in the Livingston County Republican Primary for District Attorney.

Two of the ballots, which were in question because of mismarkings, are votes for Steve Sessler. The third ballot is a vote cast by an election inspector and is still sealed.

The Livingston County Board of Elections tells News10NBC it is still waiting to fully review the judge's decision and after full review, the election inspector's ballot will be opened and counted.

Due to a miscount with the original count of absentee ballots, Schiener currently leads by one vote.

If the sealed election inspector ballot is for Schiener, the vote will still be a tie. If the vote remains a tie after opening the ballot, the Livingston County Republican Committee will name a nominee.

The nominee will run against current DA Greg McCaffrey in November.

The Board of Elections tells News10NBC it is hoping to open the sealed ballot Friday afternoon.

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