Supreme Court Judge Raymond Elliott signed the document ordering the Board of Elections to turn over all paper ballots cast and accepted and all voided ballots in the November 2013 election.
“This Troy City Council at large election was extremely close, and the people of Troy deserve an answer as to the true and actual outcome of the election,” Mantello said of the race she lost by 65 votes.
Mantello has filed a number of FOIL requests, got a favorable opinion from the state Committee on Open Government and even politely asked commissioners if she could have a gander at the ballots.
Elliott noted that Commissioners Ed McDonough and Larry Bugbee, a Democrat and Republican respectively, never refused the ballots but said they needed a court order to turn them over.
According to Mantello, the BOE opposed her efforts to get a recount even though the range of her defeat fluctuated between 17 and 65 votes of several thousand cast.
One irregularity, Mantello said, was at the Knickerbacker Ice Rink in Council District 2, where unofficial results were not posted on the BOE website until 11:30, some 90 minutes after the rest of the districts were posted.
Mantello came in fourth in the race for three At Large seats on the city Council. Democrat Lynn Kopka came in third, 65 votes ahead of Mantello. Democrat Rodney Wiltshire got the most votes of any At Large candidate and is now president. Councilwoman Erin Sullivan-Teta, a Democrat in her first run at office, came in second.
Elliot granted the BOE’s request to allow Mantello access for two hours per day with exemptions made during the time the office is busy with the primary on Sept. 9 and the general election on Nov. 4.