Montgomery County Guy Tomlinson has certified the final outstanding state Senate race in favor of Republican George Amedore, but the move allows Democrats to appeal the hundreds of unopened paper ballots that have been tossed out.

Tomlinson certified the race with Amedore leading Democrat Cecilia Tkaczyk 63,141 to 63,104, a 37-vote difference in the newly created Senate district that stretches from the Mohawk Valley to the Hudson Valley.

Republicans have declared multiple times that Amedore is the winner, but the certification allows the Democrats to officially appeal the judge’s basis for tossing out the ballots. Indeed, both sides have taken to calling their candidate “senator-elect.”

In a statement issued this afternoon, Tkaczyk spokesman Gary Ginsburg indicated the campaign will do just that.

“There are still hundreds of outstanding objections that have to be ruled on by the Appellate Court,” he said. “Every voter has a right to have their voice heard in the electoral process, despite efforts to silence them due to minor errors and incorrect instructions. When all the votes are counted Cecilia Tkaczyk will be certified the winner of this election.”

Democrats expect to file an appeal tomorrow morning, and it likely will not be argued in court unitl Jan. 7 following the holiday recess.
Nevertheless, Republicans consider this to be a big step in the process and say they’re confident Amedore will give them a 32nd member.

If Amedore is seated, he would give the Senate GOP 31 members, plus Democrat Simcha Felder who plans to conference with them come January.

Both sides in the IDC-GOP coalition insist that their plans won’t change should Amedore be seated next month.

Final Decision 46 Senate