The race for New York's 22nd Congressional District seat has been a hotly contested one since the beginning. Now, both candidates have turned their attention to fighting for, or against, including 69 affidavit ballots in the vote totals. 

The close race between Democrat Anthony Brindisi and Republican Claudia Tenney has been under judicial review for over a month. Supreme Court Judge Scott DelConte reviewed around 2,400 challenged absentee and affidavit ballots, allowing both camps to present their arguments on each ballot. 

The 69 ballots now in question are from Oneida County voters who, according to court documents, registered to vote with the DMV by the deadline to do so, but did not appear in the books on Election Day, forcing them to fill out an affidavit ballot. According to court documents, the DMV forwarded those applications to the Oneida County Board of Elections, who did not process the registrations.

Lawyers for both candidates' campaigns submitted written arguments on whether or not those ballots should be counted to the court on Thursday. 

Brindisi's lawyers argue those votes should be counted. His team says the voters did everything right and their ballots should not be thrown out due to an error on the part of the Board of Elections. Brindisi's lawyers argue that both state and federal Election Law backs this up. 

Tenney's team argues that is not the case, and that the judge does not have jurisdiction to register voters after the fact. Her lawyers draw a distinction between Board of Elections workers in general and those who worked on the actual canvassing of votes. They say the judge only has jurisdiction over those involved in the canvass, not those who were responsible for processing voter registrations. 

Judge DelConte will hear oral arguments on this issue on Friday in Oswego County Supreme Court. Written and oral final arguments on all issues in this race are scheduled for next week.