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Judge rules Nevers wins New Lebanon vote

Dec 16, 2011 12:08 am
Gail Heinsohn in the Register-Star reports that Acting State Supreme Court Judge Robert Jacon ruled Thursday, Dec. 15 that a ballot challenged by incumbent Town Justice Darcy Poppey is valid and that challenger and a former justice Jack Nevers won the election by one vote. Poppey, on the Democrat, Independence, Conservative lines, led with 350 votes on election night to 348 for Republican Nevers. Counting absentee votes, Republican Board of Elections Commissioner Jason Nastke said on November 22 ruled in favor of the last ballot, giving Nevers a lead. Poppey filed an order to show cause regarding why the disputed ballot should not be declared void. The judge credited “the testimony of Commissioner Nastke. The testimony he provided was proof that the machine, the canvas and the audit all counted the ballot from Election District 7046 and that Respondent (Nevers) consistently had 348 machine votes." Read the full story in the Register-Star.