Primary Challenge in 63rd State Senate District

September 20, 2012 Updated Sep 20, 2012 at 6:41 PM EDT

By John Borsa

...
September 20, 2012 Updated Sep 20, 2012 at 6:41 PM EDT

BUFFALO, NY (WKBW) - Before the counting can begin in the Democratic Primary in the 63rd State Senate District, 1,200 absentee ballots and more than 400 affidavit ballots will need to be qualified by a judge.

The campaign for incumbent Tim Kennedy made the request Thursday morning and State Supreme Court Justice Joseph Glownia granted the request.

"He ruled that the proposal that we made is the fairest, most efficient and expeditious way to count the ballots," said Kennedy's attorney, Terry Connors.

"I don't think it will affect the outcome unless it is dragged out too long and it will jeopardize the final certification of the election results and the ability of either side to seek judicial review," said attorney Jerome Schad, who represents Kennedy's challenger, Betty Jean Grant.

Grant trails Kennedy by just 91 votes in the Primary Election held last Thursday.