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The GOP retakes the State Senate, finally

Dec 21, 2010 8:28 am
[caption id="" align="alignleft" width="200" caption="Photo from Heatingoil.com."][/caption]It's official. Republicans have narrowly retaken control of the state senate chamber they held for over years following a last election battle's settlement in the courts yesterday, and incumbent Democratic Senator Craig Johnson's concession following the state Court of Appeals decision barrinmg any more recounts, including one by hand, as Johnson and state Dems had requested. Johnson trails Republican Jack Martins by 451 votes, whose victory gives the GOP a 32-30 edge in the legislative body. “There is no such legal error where, as here, the discrepancy rate is significantly below the margin of victory, such that there is no substantial likelihood that the result of the election would be altered by the conduct of a full manual audit,” the Court wrote in a unanimous decision. “Moreover, there is no evidence that the discrepancies arose from any flagrant irregularity in the election process. Therefore, on this record, this Court is without the power to disturb the discretionary determination below.”

Democrats took control of the Senate for the first time in more than four decades in the 2008 election.

In the State Assembly, one race in the mid-Hudson Valley's 100th District still needs resolution, where Republican challenger Thomas Kirwan of Newburgh, a former Assemblyman, is ahead of incumbent Democrat Frank Skartados of Milton by 64 votes with 119 ballots remaining in primarily Democratic strongholds. State Supreme Court Justice Victor Alfieri is expected to announce his decision today on which ballots may be opened and counted. Those will be tallied on Wednesday with the final results expected then. The district includes portions of Ulster, Dutchess and Orange counties. Kirwan represented the district until two years ago when Skartados unseated him.