(WBNG) -- A former NY-22 candidate is reacting to the latest NY-22 drama. A judge on Monday said there were serious problems with the way election officials handled contested ballots.
Oneida Board of Elections commissioners both testified there is no way to establish whether some contested votes were included or not in the original count.
Justice DelConte is trying to determine which ballots will be counted in a race which at last count had just a 131 vote difference between Anthony Brindisi and Claudia Tenney.
In 2012, Dan Lamb ran for the NY-22 seat and lost the race to a Republican. Now he's a Cornell University professor.
He said he has a friend who is deeply involved in the race who said they are not happy with what is taking place and that lawsuits are possible.
Lamb doesn't know how the current race wouldn't end in a recount.
He says there is a law on the books for next year that would require a recount in very close races. Lamb says it’s this influx of mail-in ballots that is complicating things for election officials. And we may have these issues for years to come.
“This will happen from time to time in a democracy and I expect it will happen more often going forward because of the exponential increase in the use of paper ballots and mail in ballots," Lamb said. "If this is the price we have to pay for greater voter participation in elections we might have to get used to it.”
He says the campaigns are not to blame for what we are seeing right now. We pressed him - asking if it was the Board of elections who are at fualt in all of this.
"They are doing their best, but I have a feeling they will be scrutinized and criticized moving forward for not doing this perfectly, but the're human beings and we're a system that is run by human beings," Lamb said. "But until robots take control of this whole process we're going to have to deal with how human beings treat ballots"
If the race does head to a recount, it won't be unprecedented, Lamb said. The same thing happened in the Binghamton area in 1994 when Maurice Hinchey came away with the victory.