It may be 2011, but two 2010 state legislative races remain undecided

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February 3, 2011

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ALBANY, New York: There are still two undecided races from the 2010 state legislative elections.

In New York, Thomas Kirwan (R) leads incumbent Frank Skartados (D) by a paltry 12-15 votes in their race for District 100 of the New York State Assembly.[1]

Skartados maintains he will appeal a judge's decision.[2]

Kirwan expressed frustration that the situation is unresolved. "It looks like the fat lady has left the building, and I think the orchestra has, too. I think the only people still left are my opponent, our lawyers and me," he said.[3]

Despite the fact that the new legislators were sworn-in to the Assembly on January 1, 2011, District 100 remains vacant. Skartados maintains there are between 46 and 70 unopened absentee ballots.[3]

And so, New York's citizens in District 100 remain without a representative.

Robin Yess, Ulster County GOP chairwoman echoed Kirwan's thoughts. "Hopefully, we can finally get somebody up there to Albany as we are now in week two of the session with no representation from the 100th Assembly District," she said.[3]

Meanwhile, in Massachusetts, the race between incumbent Geraldo Alicea (D) and Peter Durant (R) for Sixth Worcester District has been declared a tie and will require a new election.[4]

Superior Court Judge Richard Tucker ruled that one absentee ballot that had been discarded should count for Alicea, thus creating a tie at 6,587 votes each.[4] The ruling will now be reviewed by the state Election Laws committee. A new election may be scheduled for May 2011.[4]

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