State Supreme Court Justice Jacqueline M. Koshian Monday dismissed Michael F. Loree's effort to reverse the results of the Sept. 9 Conservative Party
primary for Lewiston town councilman.
Loree, who lost the second available nomination by one vote, sued the Niagara County Board of Elections, claiming it improperly disallowed two write-in votes. After a lengthy hearing, Justice Koshian granted a motion to dismiss by Mark Jasen, attorney for Paulette A. Glasgow, the incumbent board member who defeated Loree for the second spot in the Conservative race.
The results of the primary were Darwin J. Langlois 17 votes, Mrs. Glasgow 12, Loree 11. Loree's attorney, William D. Broderick Sr., said an appeal is being considered.
Loree claimed that two write-in votes were spoiled by either voting machine malfunction or errors by election inspectors.
In primaries, write-in votes are designated by party. The machine is supposed to punch holes in the write-in paper, with a different number of holes for each party's votes.
Conservative Party write-in votes are supposed to have three holes. Broderick said there were no holes in one Loree write-in vote, and two holes in another, making it appear as if he had been written in for the Republican primary, where write-ins were to have two holes punched in by the
However, Loree's name was on the voting machine in the GOP primary, which he and Langlois won. He was a write-in only in the Conservative race, in which Langlois and Mrs. Glasgow were the only candidates with levers on the machine.