Whether more than 100 ballots cast for the Democratic candidate in the Saratoga Springs special election will be counted is now up to a judge to decide.

Democrat Hank Kuczynski and Republican Chuck Marshall ran in a special election on Jan. 28 for the Saratoga Springs commissioner of public works.

Kuczynski was appointed to the seat in November.

Marshall was the only candidate listed on the ballot. Kuczynski was not on the ballot, but he was running a write-in campaign to retain the seat.

After the ballots were counted on Election Day, Marshall received 1,757 votes, and there were 1,786 write-in votes cast.

Following a recanvass of ballots, Marshall picked up three votes for a total of 1,760 votes. Kuczynski was credited with 1,663 write-in votes. However, the Republican elections commissioner is challenging 106 votes because of various issues on the ballots.

Both parties made arguments in Saratoga County Court on Friday and then briefs were submitted to the judge on Monday.

Among the reasons for the challenge of ballots is the misspelling of Kuczynski’s name, his name being written outside the designated voting area on the ballot, writing only the last name and various stray marks, according to the briefs.

Democrats argue that the intent of the voter to cast a ballot for Kuczynski is clear.

“The truth of the matter is, that to not find Hank Kuczynski the rightful winner of the January 28, 2025 special election would create an unjust result, disenfranchising not only the 106 voters whose votes are contained on the disputed ballots, but the other approximate 1,663 that similar wrote-in Hank Kuczynski for Commissioner of Public Works,” wrote attorney Sarah Burger.

In their filing, Republicans said that Election Law says that if the voter makes any mark other than an “X” or a checkmark in the voting square, the whole ballot is void.

“The foregoing provisions establish an uncompromising standard for adjudicating the validity of any ballot, including a write-in ballot,” wrote attorney Matthew Clyne.

The attorney went on to say that the only ballots that may not be voided are ones that are illegible or misspelled, which the court can decide, or ballots where the voter circled the voting square or the words “write-in” within the square.

“The vast majority of ballots are void and their invalidating reduces petitioner Kuczynski’s vote total well beneath the margin requiring a full manual recount.”

The judge will take the matter under advisement.

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