The Democratic candidate for Town Justice, George Alessio, is arguing some voters in his town were disenfranchised by too harsh an interpretation of state election law.

At issue are seven absentee ballots. Voters are supposed to fill in circles. On them, there are checkmarks, circles, changes, and other marks that led both Republican and Democratic commissioners to reject them.

“They contained extraneous marks and the state election law says if a ballot has marks outside the voting square, that we are not allowed to count those ballots,” said Helen Kiggins, Republican Onondaga County Elections Commissioner.

Also uncounted were three affidavit ballots sealed Election Day in an extra envelope. They too were rejected.

“Election is, again, one of the most fundamental processes of our democracy and we want to make sure that everybody who has the opportunity to be heard, for their choice for a particular candidate, is heard,” said Alessio.

It will now be up to Judge Deborah Karalunas to decide if votes are counted and which votes are counted. And that's where things could get interesting.

The strongest case may be for counting the affidavit ballots which were sealed in an additional envelope because of an apparent error by some elections workers. When those ballots were finally reviewed, two went for Republican Paul Carey, one for Alessio. Add them to the current vote totals and Carey's lead increases to three votes.

Then there are the disqualified absentee votes. The judge could accept some, reject others, but if she rules all should be counted, five would go to Alessio and two to Carey, and that would mean a tie vote.

The Republican candidate in the Salina Justice race, Paul Carey, was out of town for the holiday and missed Wednesday's court proceedings.

The race may finally end next Thursday.

Alesio challenging votes

It's come down to, at this point, a two vote difference. The Democratic candidate for Town Justice, George Alessio, is arguing some voters in his town were disenfranchised by too harsh an interpretation of state election law.

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Three affidavit ballots sealed in improper envelopes through a mistake by poll workers and seven absentee ballots that failed to meet the board of election requirements because of unusual marks, even checkmarks instead of filled-in circles. Ballots that elections commissioners had disqualified.

“This is our standard operating procedure. Ed and I ruled unanimously on every issue that was before the court today,” said Helen Kiggins, Onondaga County Elections Commissioner.

For now, Carey's legal team is arguing that the board of elections was correct and improper marks do disqualify a ballot. It’s a law that may seem silly now, but has some history.

“In days past, there was often, unfortunately, corruption. And people would be paid for their votes. They would go to their ward leader and say, hey, I voted for your guy. And he would say, well how do I know that? I'm the guy that put the bulls-eye on my ballot and the ward leader would go check and then give the guy his $20,” said Jeffy Buley, an attorney for Paul Carey.

Alessio's lawyers are left to argue that judge Deborah Karalunas has discretion to accept any votes she thinks were properly cast, despite any extraneous marks.

“Here in the United States, we do not disenfranchise voters simply because they rested their pen on a slip of paper or that their pen went beyond a circle provided because they're elderly and have a shaky hand. Indeed, voter intent is what it's all about. The idea is the election must reflect the will of the people,” said Joseph Cote, attorney for George Alessio.

Judge Karalunas is waiting for final written arguments due on Monday. She will then decide what votes, if any, will be added to the totals. She will decide who wins.

Court may decide Salina race next week

A State Supreme Court judge could decide next week just who won this year's race for town justice in Salina.

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Judge Deborah Karalunas has ruled on a challenge by democratic candidate George Alessio that the elections board should have counted some absentee ballots that were disqualified because of extraneous markings. The judge reversed the decision on three of the ballots, all in favor of Alessio, which would give him a win by one vote.

The ruling can still be appealed.

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"It's difficult to understand the logic in her decision,” said Carey.

The judge reviewed seven absentee ballots rejected by the board of elections and determined that three of them, all for Alessio, should be counted, giving Alessio a one vote lead.

“She is a careful jurist and, as a result, she, looking at each one individually, made a decision consistent with the law and, as it turns out, consistent with justice,” said Alessio’s attorney, Joseph Cote.

“I do find this very confusing, yes, in terms of how we should deal with future markings outside the oval square,” said Edward Szczesniak, the Democratic Onondaga County Elections Commissioner

And the fact of the matter is, the race for Salina Town Justice may not be over yet. It is likely Judge Karalunas' decision will be argued before the state appellate division in Rochester, where a final ruling will be made, that could uphold her findings or could turn the race around again.Which means the roller coast rolls on.

"We had an enormous amount of support. So did Mr. Alessio. Almost evenly as it appears. It's been difficult, but we will fight this to the very end,” said Carey.

“You certainly believe in your cause and you do everything you can. Why? Because it's right,” Alessio said.

The appellate division would be expected to rule before the end of the year.

Judge Karalunas rejected a call for counting of three affidavit ballots that were rejected because they were placed in the wrong envelopes.

The mistake, it turns out, was made by an elections worker and an attorney for Paul Carey is arguing those votes should be counted. Two are for Carey, one for Alessio. If they were counted and the judge's ruling on absentees is upheld the race would end in a tie.

Who won on Election Day?

A month after Election Day, Republican candidate Paul Carey, who thought he had a two vote lead in the race for Salina Town Justice, now finds himself trailing his Democratic opponent, George Alessio, after a court ruling on absentee ballots by State Supreme Court Justice Deborah Karalunas.

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SYRACUSE, N.Y. -- Less than a week after Judge Deborah Karalunas ruled that three disqualified absentee ballots should be counted in the race, giving a one vote victory to democratic candidate George Alessio, republican Paul Carey was back claiming three uncounted affidavit ballots should also be counted and raising new challenges to the court's jurisdiction in the case.

“It seems that this case keeps trying to get new life,” said Judge Deborah Karalunas, of the State Supreme Court.

The evidence? Statements of an election inspector that it was their error in handling of the ballots that led to their disqualification.

“It reminds me of a statement by a philosopher who once said there's nothing new under the sun. And there's nothing new in these arguments,” said Joseph Cote, Attorney for George Alessio.

Those arguments now set for Thursday.

Judge Deborah Karalunas hopes to issue a final ruling in this case by the end of business on Friday, but the case won't end there. It's likely an appeal will be taken to the state appellate division in Rochester. And that may take well into the New Year to decide.

Despite the continuing delays, the two candidates who have alternated the lead in the race say the legal struggle is appropriate.

“The respective parties have the right to pursue what they perceive as their claim and we always talk about the process due and we want to make sure that is done,” said Alessio.

“We owe it to the voters of the town of Salina to continue our pursuit to make sure that this election is fair,” said Carey.

Issues continue over Town Justice

Less than a week after Judge Deborah Karalunas ruled that three disqualified absentee ballots should be counted in the race, giving a one vote victory to democratic candidate George Alessio, republican Paul Carey was back claiming three uncounted affidavit ballots should also be counted and raising new challenges to the court's jurisdiction in the case.

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ONONDAGA COUNTY, N.Y. -- It's likely a State Supreme Court Justice in Syracuse will stand firm on her ruling on a review of some contested ballots in this year's race for town justice in the Onondaga County town of Salina.

Judge Deborah Karalunas had agreed to a hearing Thursday on a call by republican candidate Paul Carey for three affidavit ballots, rejected due to a mistake by an election worker, to be counted. Those votes would have produced a tie in the race.

Judge Karalunas will issue a final ruling Friday, but if she does not change her previous ruling, democratic candidate George Alessio would be the winner by one vote.

The ruling is expected to be appealed.

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ONONDAGA COUNTY, N.Y. -- The final ruling is in from a State Supreme Court Justice, and Judge Deborah Karalunas says Democratic candidate George Alessio is the winner of the race for Town Justice in Salina.

The race between Alessio and Republican Paul Carey has been the subject of a court battle since November, centering on uncounted absentee and affidavit ballots that elections commissioners had disqualified.

In the end, the judge allowed three absentee ballots to be counted, enough to give Alessio a one vote win. That result is expected to be certified by the Board of Elections.

Alessio will probably not don judicial robes for some time, though as Carey is expected to take an appeal to the state appellate division next month.

Until their ruling, Justice Herman Harding, who had planned to step down, will remain in the job

Carey will likely appeal

The final ruling is in from a State Supreme Court Justice, and Judge Deborah Karalunas says Democratic candidate George Alessio is the winner of the race for Town Justice in Salina.

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A state Supreme Court justice, Deborah Karalunas, had agreed with his argument on three absentee ballots. She ruled that those ballots, all for Alessio, should be counted. That ruling would, in effect, give Alessio a one vote win.

It also means that the Board of Elections has yet to officially count those additional absentee ballots. And that, according to Carey, means he still holds his two vote lead.

The appellate division will hear arguments in mid January.

Judge's order on hold

Republican Paul Carey is again claiming the lead in the Salina Town Justice race, a lead of two votes over Democratic candidate, George Alessio. Alessio had gone to court to challenge Carey's unofficial win in the initial vote count.

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To Be Continued

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