Judge tosses votes of WWII vet, wife on technicality

A judge has thrown out the votes of a World War II veteran and his wife because the envelopes containing their absentee ballots weren't sealed, retaining a central New York town supervisor candidate's one-vote lead.

Local media outlets report that a Cayuga County Judge on Tuesday granted a motion to dismiss incumbent Republican Edward Wagner's lawsuit filed after a count of contested ballots made his Democratic challenger, John Socci, the front-runner by a 714-713 vote.

The judge upheld the local Board of Election's rejection of George and Agnes King's ballots because they arrived in unsealed envelopes. State election law says unsealed ballots can't be counted.

George King, a 93-year-old veteran of the U.S. Army Air Corps , testified that he remembers sealing the envelope before mailing the ballots.