The Rockland County Board of Elections counted 42 more absentee ballots from Orangetown Friday, but the race for Orangetown Supervisor still has not been decided.



Of the 42 votes, 30 were cast for incumbent Democrat Andy Stewart and nine were for Republican challenger Walter Wettje, with three not voting at all for Supervisor. That leaves Stewart with a three-vote lead, 6,161 to 6,158 pending a ruling on 12 more absentee ballots.



"I'm happy that the count shows we have three more votes than Mr. Wettje," Stewart said. "I'm also happy that this process does seem to be the rule of law. I'm very impressed with the court in the whole process.



"There are 12 (absentee) ballots that have yet to be counted. Some will be counted, maybe. Some won't. There is no way of knowing what the ultimate tally will be."



Acting Supreme Court Judge Victor J. Alfieri had ruled Thursday that those votes should be counted, dismissing a petition from Wettje. Alfieri has yet to rule on a petition by Stewart to keep 12 remaining absentee ballots from being counted.



There are a variety of issues with those ballots. In one case, a father and son have the same first and last name, but different middle names. The father's middle initial is on the son's application for an absentee ballot.



Both absentee ballots submitted by a married couple from Tappan are also in question. The voter must sign the envelope the ballot submitted in, which also has a printed label with the name. The wife signed the husband's envelope and the husband signed the wife's envelope by mistake.



Wettje was confident that any of those 12 votes open would be for him because they are all Republicans.



"We'e in great shape," Wettje said. "The 12 ballots he objected to, you hear today, (some) are going to be opened. They should be opened. If hte judge allows them to be opened, I win, because it looks like the judge is going to throw out that O'Keefe decision."



That is a reference to another petition filed by Stewart's attorney, Alan Goldston, who argued that 42 of the ballots that have already been counted should be removed from the total because language on the ballot does not meet statutory requirements. The ballots were counted, but could still be removed from the total.



He said the ballot should include a statement from the voter that he or she has a reasonable expectation to be unable to make it to a polling place on election day. The ballot does not have a place for that specific statement, only that the person is requesting and absentee ballot and checking off one of four reasons for the request.



Alfieri said that would be a "harsh" outcome and that the law would have to be very clear for him to rule those votes should be tossed out.



"The judge said today...it's a dramatic thing, but he will follow the law," Stewart said. "We wouldn't have made it if we thought it was frivolous. It's important because it is about upholding the legitimacy of the voting process, which is how our government is supposed to work."



If those 42 votes remain in the total, it is likely that the margin of victory for either candidate would be less than 10 votes.



The candidates will be back in Alfieri's court at the Rockland County Courthouse 11 a.m. Monday morning.



