Judge To Rule in Tied Primary Race
By: Caroline Tucker
Updated: September 26, 2012
It's a real life civics lesson.
One vote in the primary race for Livingston County District Attorney will make all the difference.
"I think public participation in the voting process is now something that has been demonstrated to be invaluable," said Sessler.
Republican candidates Steve Sessler and Eric Schiener went into Wednesday's court hearing in Rochester tied at 1879 votes.
There are 7 contested absentee ballots State Supreme Court Justice John Ark is reviewing.
Sessler says several ballots shouldn't count - including two unsealed ballots and one filled out by an election worker.
Eric Schiener disagrees.
"He (the election worker) followed the instructions by the board of elections and his vote should be counted," said Schiener.
Just as court let out, Schiener found out that he may have a one vote lead from absentee ballots in Avon.
"We were informed that in that district it was put down as 5 votes for me out of absentees, there were in fact 6, so I would have been leading by one vote," said Schiener.
Judge Ark says he'll take at least a day to decide.
Schiener says he won't appeal the judge's decision because he doesn't want to jeopardize the party.
Sessler would still remain on the conservative line if he loses.
"We have waited a long time, we have all waited a long time and I think another 24 hours is not going to be any more nerve wracking than the last two weeks," said Sessler.
If there is still a tie following all of this, the decision will go to the Republican Committee in Livingston County.
