ALBANY – The Democratic candidate for Troy's 2nd City Council District has a two-vote lead over a veteran Republican councilman with the final election results hanging on whether three unopened absentee ballots cast by Republican voters will be counted.

Democrat Cindy Barclay sued in state Supreme Court claiming the ballots filed at the Rensselaer County Board of Elections were invalid due to the three GOP voters not living in Troy. Councilman Mark McGrath, an enrolled Conservative who ran as the Republican candidate, argues that the three voters and their ballots are legitimate.

Barclay leads McGrath 457 to 455. The outcome of the election will affect the size of the Democratic council majority. A Barclay win will make it 5-2, while a McGratth re-election makes it 4-3.

As often happens in Troy's political battles, the case has its own twists and turns involving the three Republican voters.

Republican Elections Commissioner Larry Bugbee wanted to count the three votes, while Democratic Elections Commissioner Edward McDonough said they had to wait due to the lawsuit. They're waiting for Acting State Supreme Court Justice Gerald W. Connolly to rule in the case which he is hearing at the Albany County Court House.

Alyssa A. Schlutow and her husband U.S. Navy Petty Officer Tyler Schlutow live in Virginia where he is assigned to the USS George Washington, an aircraft carrier. They are the daughter and son-in-law of Councilwoman Kim Ashe-McPherson and vote from her home at 355 Sixth Ave.

And Caleb Harris works in Pennsylvania on a one-year contract, but votes from the two-bedroom apartment at 2804 Fifth Ave., where his wife, Madeline Harris, and her roommate Olivia Beltran live while attending school.

Barclay's attorney James Long argued that Tyler Schlutow never lived in Troy and that Alyssa Schlutow is a Virginia resident. He also questioned the way the Schlutow's ballots were cast, pointing out that they were signed by the individuals on Oct. 26 and cast the same day at the county Board of Elections. Jessica Charette, the clerk of the Rensselaer County Legislature testified that she dropped off the ballots at Ashe-McPherson's home and picked them up to bring to the county board.

McGrath's attorney, Peter Kehoe, said it was an issue of casting a military ballot, although Long said a military ballot was never applied for, just the regular absentee ballot.

When it came to Harris' ballot, Long argued that he was not on the lease, which was affirmed by Dr. Brian McCandless, who owns the Fifth Avenue property, and Barclay, who works for McCandless as his rental agent. Both testified to that. Also testifying were Alyssa Harris, who said her husband lived there and would return in the spring after completing his one-year contract job in Pennsylvania. Beltran also testified.

Connolly adjourned the case until Monday, Dec. 4, to allow Kehoe enough time to determine if he would call the three voters to testify.