JOHNSTOWN - The two candidates for Broadalbin town supervisor are awaiting a decision from state Supreme Court Justice Richard T. Aulisi regarding the outcome of the race.
Joseph DiGiacomo won the election, according to the Board of Elections, but candidate George Walters challenged the outcome in court.
On Friday, Aulisi reserved a decision regarding the election results.
Schenectady Attorney James Walsh represented DiGiacomo, who won by three votes.
Walters is represented by Gloversville attorney Heidi A. Gifford.
Fulton County Attorney Arthur Spring represented the county Board of Elections and Commissioners Dexter Risedorph and John Schermerhorn.
In an affidavit that was filed Friday, Walters argued ballots were recounted four times, and each time, county election officials had a different count.
"Of the four manual recounts performed, not one matched the other in terms of total count for both candidates. There were several failures by the Board of Elections, including their failure to count 63 misplaced ballots," Walters said in his affidavit.
The four recounts resulted in a DiGiacomo lead of 18 votes, 17 votes, two and finally three, according to the affidavit.
Gifford also stated election officials failed to notify Walters, which is required, each time the ballots were recanvassed.
This was the first time new electronic voting machines were used. Four machines malfunctioned in four different towns, including Broadalbin.
"The voters of Broadalbin are entitled to know that the electoral process is fair and just and that their votes are properly considered," Walters stated in his affidavit.