(WBNG) -- Oswego County Supreme Court Justice Scott DelConte is overseeing a proceeding on absentee ballots in the race for the NY-22 Congressional District Monday.
Early Monday afternoon, Justice DelConte stated, "We have a serious problem on our hands."
The concern is over absentee ballots in Oneida County, where the board of elections commissioners testified they cannot establish if some absentee ballots that were marked were included in the original count.
During the proceeding, Justice DelConte ruled that any ballot with marks outside of a circle, but within a candidate's box will be considered a valid vote with clear intent.
As the court continued, questions arose as to whether challenged ballots that did not include a "sticky note" indicating the problem were included in the original vote count.
12 News Senior Reporter Josh Rosenblatt reported, "when asked how the court should determine if these ballots were previously included in the counting if they don't have a sticky, the commissioner responded, 'you can't'."
Justice DelConte is reviewing the challenged ballots in the race from counties in the NY-22 Congressional District. He is not reviewing affidavit ballots at this time.
In some cases, representatives from county board of elections are being asked to state their reasoning for challenged ballots.
On Friday, Republican Claudia Tenney was leading incumbent challenger Democrat Anthony Brindisi by more than 100 votes.
Tenney's campaign sent a statement to 12 News stating they are confident Tenney would win the race, while Brindisi is asking for patience in the process.
This is a developing story. Stay with 12 News for more information.