Saratoga Springs City Council Race -Dems Say “We Hope To Appeal”

BALLSTON SPA — Interim DPW Commissioner Hank Kuczynski remains seated as a member of the City Council following a too-close-to-call special election in January, a subsequent ruling by a county State Supreme Court Judge on Feb. 14, and in advance of a potential appeal that may ultimately play out in the appellate division of the State of New York Supreme Court. 

Approximately 3,500 votes were cast the citywide special election for the Saratoga Springs DPW Commissioner/ fifth City Council seat between Republican candidate Charles (Chuck) Marshall – whose name was pre-printed on the ballot, and Democratic write-in candidate Hank Kuczynski. The unofficial results showed the candidates separated by approximately one dozen votes. 

Republicans objected to just over 100 of the ballots, and on Feb. 14 Saratoga County State Supreme Court Judge James Walsh released his 12-page decision.  Judge Walsh, a Republican, ruled invalid several dozen votes of the ballots that Democrats said showed voter intent for write-in candidate Kuczynski, and which Republicans objected to.  

Specific to the ballots ruled invalid: 63 showed the written word Dem, or Democratic, or Democrat, on an area outside the ballot area designated for the write-in vote; 14 had candidate Kuczynski’s name correctly written in the write-in box, but showed his name also written additionally in other areas of the ballot, and a handful of others depicted discrepancies in either name or in writings on the physical ballot.  

Following the judge’s ruling, Republican candidate Marshall was shown to emerge with a margin of victory essentially equal to the number of ballots ruled as invalid. Approximately two dozen undervotes – ballots cast but with no voting machine discernible candidate preference – were not believed to have been involved in the judge’s ruling, and their status remains not known.      

“In a democracy, adherence to rules is fundamental, especially during elections,” the Saratoga Springs Republican Party responded in a statement.  “We have full confidence that Commissioner Marshall will hit the ground running and serve the entire city with dedication and integrity, making all citizens proud, regardless of how they voted.”

Democrats, however, said they had yet to come to consensus about whether to appeal the judge’s ruling and that a court transcript was requested and review by appellate counsel underway. 

“It’s extremely disappointing to see this partisan effort to disenfranchise 90 voters and invalidate their ballots despite absolutely clear voter intent,” interim commissioner Kuczynski said Feb. 18. “We hope to appeal the judge’s ruling and look forward to the court of appeals protecting every vote of every Saratogian.”   

As of Feb. 19, the county Board of Elections had yet to conduct a final canvassing of the ballots; the completion of the adjudication of ballots and an understanding of whether or not an appeal will be conducted is necessary before the election may be officially certified.