Herkimer County Family Court Judge candidate Mark Rose is demanding a manual recount and examination of all ballots cast in the June 23rd primary between himself and Thad Luke.

Rose says the request is being made due to irregularities, like the discovery of open ballots after the primary was initially called, and the final ballot tally being a statistical tie.

He says while there is no mechanism pursuant to State Election Law for the request, there is no prohibition from conducting a complete audit as demanded.

New York state passed mandatory recount legislation that will not take effect until next year.

Luke was declared the winner of the GOP primary.