Slisz v. Beyer

*1239Memorandum: Petitioner, Richard A. Slisz, and Augustine R. Beyer (respondent) were candidates for the public office of Councilmember for the Third Ward in the City of Tonawanda (Councilmember office). Following the election on November 8, 2011, and after absentee, military and affidavit ballots were counted, the official results were that respondent had received 435 votes and petitioner had received 434 votes. Thirty-one ballots were deemed “Blank, Void & Scattering” ballots.

Petitioner commenced this special proceeding seeking, inter alia, a manual audit of the voter verifiable audit records…