SYogini Andrea Stewart-Cousins - May the (Divine) Force be with her

December 4, 2004

December 4, 2004

In Westchester, Senate Race Hangs on the Last 900 BallotsBy LISA W. FODERARO

HITE PLAINS, Dec. 3 - Four weeks after Election Day, the race for the State Senate seat in the 35th District in Westchester County is inching toward a resolution, with the examination of more than 8,000 absentee and provisional paper ballots finally completed.

The Republican incumbent, Nicholas A. Spano, the third most powerful member of the Senate, is leading by about 100 votes. But there are more than 900 contested ballots that a State Supreme Court justice will sift through starting next week.

Mr. Spano, who is seeking a 10th term in a district that has grown overwhelmingly Democratic, is trying to fend off a tough challenge from Andrea Stewart-Cousins, a five-term county legislator.

Lawyers for both sides say they are confident of a result before New Year's Day, when the winner would be sworn in. But they say they would probably appeal a decision that awards the election to the other candidate. Depending on how long the appeals process takes, the seat may still be open on Jan. 1.

The judge, Ira B. Warshawsky of Nassau County, was appointed to oversee the race after Mr. Spano's lawyers demanded that the original judge, Francis A. Nicolai, be removed because his name appeared as a judicial candidate on the contested ballots. Mr. Nicolai is a Democrat, while Mr. Warshawsky is a Republican.

Jonathan D. Rosen, the campaign director for the New York State Democratic Senate Campaign Committee, said the Republicans challenged the "overwhelming majority" of the ballots in dispute, though a lawyer for Mr. Spano, Anthony J. Mangone, said they had challenged about 60 percent of them.

The lawyers for both campaigns will try to put most of the contested ballots into broad categories - for instance, voters who were in the right polling place but voted in the wrong election district. The judge would then decide whether ballots in those categories should be counted.

Mr. Mangone predicted that fewer than 100 ballots would fall outside the categories and have to be decided case by case.

Mr. Rosen said the Stewart-Cousins campaign was confident about the outcome despite Mr. Spano's narrow lead because so many of the contested ballots were cast by registered Democrats. "She feels good," he said of Ms. Stewart-Cousins. "She is grateful that people are taking the time in this process."

Mr. Mangone described Mr. Spano as "very anxious," but "hopeful."