Jimmy Vielkind is reporting at Capitol Confidential a panel of five appellate justices suggested they would count 53 ballots cast early by poll workers in Ulster County. Lawyers for Democrat Cecilia Tkaczyk (KAT-chik) and Republican George Amedore were present Mon., Jan. 7, and questioned by the justices in the appeal filed by Tkaczyk last month after a Montgomery County judge certified Amedore the winner of the 46th Senate District race. The final margin was 37 votes. On Monday, Tkaczyk's attorney argued hypertechnical mistakes on ballots should not disenfranchise otherwise qualified voters. Amedore's attorney said qualified voters should vote, but if they fail "to vote the they're supposed to, they're not entitled to have that ballot cast,..." The justices could make a decision as early as Tues., Jan. 8. The state Senate holds its first session of the year Wed., Jan. 9. Read the full story at Capitol Confidential, a Times Union blog.