Board of Elections Given Green Light to Recount Ballots in Primary

September 25, 2012 Updated Sep 25, 2012 at 12:35 PM EDT

By Kyla Igoe

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September 25, 2012 Updated Sep 25, 2012 at 12:35 PM EDT

BUFFALO, NY (WKBW)- The Erie County Board of Elections has received approval by an appellate court judge to begin its full count of ballots cast within the 63rd State Senate Democratic Primary Race. The victor was too close to call on primary night with 91 votes separating incumbent Democrat Tim Kennedy with his challenger, Betty Jean Grant. Kennedy is leading Grant with those 91 votes. Nearly 1,100 absentee ballots still need to be counted and the race could come down to 479 affidavit votes.

"When we do the canvass, we do all the ballots. So as a result of the court ruling, we are free to open up the absentee and military ballots that were cast. That means all categories will be available for counting," said Democratic Elections Commissioner Dennis Ward. "We'll go district by district until we come up with a total."

Commissioner Ward says the final count is expected to be complete by the end of the week.