Judge clears the way for Kennedy win

BUFFALO, N.Y. (WIVB) - State Supreme Court Justice Joseph Glownia has cleared the way for State Senator Timothy Kennedy to claim victory in the Democratic Primary for the NY State Senate's 63rd District.

The race between Kennedy and Erie County Legislator Betty Jean Grant was so close that the Erie County Board of Elections had to recount each vote and discuss disputed ballots, several hundred of which were invalidated. Late Friday, Justice Glownia made his ruling on the disputed ballots and directed the Board of Elections to certify the election once and for all.

Tim Kennedy attorney Terry Connors said, "And the decision was that they should review those votes that were appropriate and valid under the election law, that should be counted. Count the valid votes. And it was decided this evening and he's directed this board to certify the winner of the election."

Betty Jean Grant argued, "There are 488 votes that have not been counted. Those are overvotes, undervotes and write-ins. And we think everybody that cast a ballot has an absolute right to have their vote cast."

Kennedy wins with about 150 more votes than Grant, and the Board of Elections is expected to certify the election Saturday morning.

Grant says she may appeal the ruling in Federal Court, if possible.