Judge To Rule on Contested Ballots in Saratoga Springs Special Election 

BALLSTON SPA — The immediate future of the decision-making process in Saratoga Springs likely rests in a forthcoming court ruling expected from Saratoga County State Supreme Court Judge James Walsh regarding just over 100 contested election ballots.

The contest to seat a DPW Commissioner/fifth member of the City Council through the remainder of the 2025 calendar year pits Democratic Party candidate Hank Kuczynski against Republican Party candidate Chuck Marshall.  

Marshall, whose name is on the ballot, currently serves as chair of the Saratoga Springs Planning Board. Kuczynski, whose name is not on the ballot, was supported as a write-in candidate, and has since Oct. 29 served as interim DPW Commissioner.  

At the crux of the issue:  106 contested ballots and whether those ballots were appropriately marked by voters to accurately show their intent.    

The Saratoga Springs special election to decide the seat included nine days of early voting in advance of last Tuesday’s Jan. 28 Election Day. That was followed by two days of inspecting ballots in the basement vault of the Saratoga County Board of Elections. Subsequently, 106 contested ballots found their way to Republican Saratoga County State Supreme Court Judge James Walsh. 

With just over 3,500 ballots counted in a race too-close-to-call, if Judge Walsh rules the 106 contested ballots not be counted, Marshall will emerge as the victor by about 97 votes. If the ballots are ruled to be counted, Kuczynski will secure victory by about nine votes. Subsequent to the decision, it is not known whether either side may file an appeal. 

Court was in session to debate the matter for the better part of four hours on Friday, Feb. 7. 

Candidate Kuczynski and Candidate Marshall were both present in the courtroom as were a variety of legal representatives for the Democratic and Republican parties as well as for the Board of Elections commissioners – John Sweeney among them. Sweeney, a former local congressman, was also famously involved in the counting during Florida’s presidential vote between George Bush and Al Gore in 2000.  

Attorneys submitted written arguments in support of their respective client to the court on Monday, Feb. 10. 

In addition to the 106 contested ballots, there were 25 undervotes  – that is, ballots cast but with no discernible candidate name chosen. The status of those undervotes is not known.

The date for the return of 35 to 40 outstanding military ballot votes reached its deadline this week. None of those outstanding ballots were returned, according to the county Board of Elections. 

All five Saratoga Springs City Council positions – four commissioners and a mayor – will be up for new two-year terms this November.