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Top NY Court Nixes Sen. Recount; GOP to Take Power in Albany


New York’s top court has rejected a Democratic state senator’s request for a full manual recount in his narrow loss to a Republican newcomer on Long Island.

That ruling will return control of the Senate to Republicans with a 32-30 majority in January after two years of Democratic rule.

The Court of Appeals has denied a petition by Sen. Craig Johnson for a manual recount of votes. All options appear to be over for Johnson, D-Port Washington, who as of now trails Jack Martins by 451 votes.

“There is no such legal error where, as here, the discrepancy rate is significantly below the margin of victory, such that there is no substantial likelihood that the result of the election would be altered by the conduct of a full manual audit,” the Court wrote in a unanimous decision. “Moreover, there is no evidence that the discrepancies arose from any flagrant irregularity in the election process. Therefore, on this record, this Court is without the power to disturb the discretionary determination below.”

Martins’ victory gives Republicans the 32 votes needed to elect a majority leader when the Senate re-convenes in January.

(Source: Times Union / NBC New York)



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