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A new election will not be held for Albany's Third Ward Common Council seat following a decision by an Albany County state Supreme Court judge. The ruling, delivered by Justice David A. Weinstein, confirms Arthur Lumpkin as the Democratic nominee for the upcoming November general election.
James E. Davis, Lumpkin's opponent, filed a lawsuit claiming errors in the counting of affidavit ballots by the Albany County Board of Elections. Davis argued that these errors affected the outcome of the Democratic primary. According to Times Union, a recount on July 2 showed Lumpkin with 329 votes and Davis with 326. Davis alleged that four affidavit ballots, initially ruled invalid because the voters had already submitted absentee ballots, were wrongly included in the final count, giving Lumpkin the edge.
The lawsuit also claimed that election officials could not determine which affidavit ballots should be discarded, and therefore, a new election was necessary. However, Justice Weinstein disagreed, stating that the Board of Elections staff and commissioners were able to identify the problematic ballots. He concluded that the inclusion of these ballots resulted from miscommunication rather than intentional fraud.
The decision means Lumpkin will face Working Families Party candidate Lukee Forbes in the November election. The Third Ward, currently represented by Councilwoman Joyce Love, who did not seek reelection, has no Republican candidate in the race.