Attorneys for Democrat Cecilia Tkacyzk and Republican George Amedore will meet in the appellate court in Albany on Monday in the latest legal round in the race for the 46th Senate District.
Tkacyzk's campaign is appealing Montgomery County Supreme Court Judge Guy Tomlinson's ruling on Dec. 19 that gave Amedore the win by 37 votes. However, Tkacyzk's campaign contends hundreds of ballots were not counted that should have been included.
"Following the State Board of Elections certification of my election to the 46th Senate District, I filed my oath of office today to serve the families of Albany, Greene, Montgomery, Schenectady and Ulster Counties," Amedore said in a news release Thursday.
"I have tremendous respect for the appellate process and look forward to a swift decision. I am eager to get to work on behalf of my constituents so we can keep building on the progress we've made in turning New York around," the release said.
The 46th Senate District includes all of Greene and Montgomery counties, and parts of Schenectady, Albany and Ulster counties.
Gary Ginsburg, Tkacyzk's spokesman, said the race is not over.
"Obviously, the decision lays with the [appellate court]," Ginsburg said.
Ginsburg said he was confident once these ballots were counted, the decision would be final.
According to a news release from Citizen Action New York - a group that works to elect progressive candidates - more than 5,000 people signed a petition protesting an earlier decision to set aside the ballots in the race. The petition called for the ballots to be counted.
"Any instance of a voter being denied their right to vote is an injustice for all of us," Kathy Bobb, a resident of the 46th Senate District, said in the release. "It's vital that every vote be counted in this race if we are to have a legitimate senator to represent us. We are counting on this court to act in the interest of justice and call for these ballots to be counted."