Disagreement over the counting of ballots in the state Senate race between Republican George Amedore and Democrat Cecilia Tkaczyk may go to the state Court of Appeals.
Amedore's campaign filed a motion with the Court of Appeals, objecting to a lower court's decision to open and count 99 ballots.
An appellate court ruled Wednesday the ballots should be counted.
Amedore previously was declared the winner of the election by 37 votes. The counting of 99 ballots could sway the outcome of the race in the 46th Senate District, which includes all of Montgomery County.
The Appellate Division directed the five counties' election boards to count 53 votes cast in Ulster County and 46 other affidavit and absentee ballots.
The court concluded Acting state Supreme Court Judge Guy Tomlinson incorrectly upheld objections to the ballots. Tomlinson's decision made Amedore the winner, pending appeals.
Kris Thompson, press secretary for Amedore, said he would not comment on the latest appeal out of respect for the court.
Gary Ginsburg, press secretary for Tkaczyk, said the campaign is pleased with the appellate court decision. He said they are awaiting the Court of Appeals decision.
Tkaczyk's campaign contends hundreds of ballots that were not counted should have been included.