Berger, Conrad claim Democratic primary victories

The latest totals from three separate boards of election point to a 141-vote victory for Berger over Kim Smith, with Berger campaign sources indicating late Wednesday that Smith had called Berger to offer her congratulations.

Berger, an Amherst Council member, defeated Joan Elizabeth Seamans of Williamsville and Smith of Monroe County in a closer than anticipated contest, though elections officials say the results are unofficial and uncertified. When totals from Erie, Genesee and Monroe counties were added up late Wednesday, Berger scored 9,246 to 9,105 for Smith and 5,475 for Seamans. The votes include machine votes cast on Primary Day, early votes and absentees.

Berger will now face Erie County Legislator Edward A. Rath III in the Nov. 3 general election for the seat now occupied by retiring Republican Sen. Michael H. Ranzenhofer.

The situation remains contentious in the Tonawanda-based Assembly district, where Conrad's Democratic primary opponent – Kevin T. Stocker – is not about to concede. 

The latest tabulation of absentee ballots by the Erie County Board of Elections, combined with similar results from Niagara County, show Conrad unofficially winning by 990 votes in the Democratic primary for the seat held by the retiring Robin L. Schimminger. The Wednesday count takes in machine, early and absentee votes from Erie and Niagara counties and cannot be overtaken by the few straggling votes yet to be counted, according to Derek Murphy, a spokesman for the Erie County board.

"There are some affidavit votes yet to be counted but they're not going to make a difference," Murphy said, adding the combined totals show Conrad winning 6,070 to 5,080.

Conrad, a Tonawanda Town Council member, said late Wednesday he sees no way Stocker can overcome such a lead.

"I think it's a wide enough margin," he said. "It's a lead of roughly 9 or 10%, and that's pretty hard to come back from."

Stocker, however, believes he remains a viable candidate after his team monitored the absentee ballot canvass at board headquarters in downtown Buffalo. He disputed the 990-vote lead and calculates he is actually trailing by 343. He noted his victory in the Niagara County portion of the district and contends many "missing" ballots have not been counted.

"I think there will be a recanvass and it will be a horse race," he said. "They've got to find the missing ballots not picked up the machine (counting absentees).

"It is still, in my opinion, too close to decide," he added.

The huge influx of absentee ballots marking this year's primary and special elections – stemming from Covid-19 concerns – delayed any definitive results on June 23 when voters went to the polls. But elections officials say their count of 7,427 absentee ballots from the district allows them to view Conrad as the winner, though they stress the results have yet to be officially certified.

The apparent Conrad victory also marks a win for the Tonawanda and Erie County Democratic organizations. Democrats in the 140th District led by Tonawanda Chairman John J. Crangle backed Conrad soon after Schimminger announced his retirement, only to be challenged by Stocker and his "anti-party boss" campaign.

A Kenmore attorney, Stocker became a Democrat last year after losing several races (some by close tallies) as a Republican. He came especially close in 2014 when he beat Mark J. Grisanti in a GOP primary and then made a strong showing in the three-way general election.

He said Wednesday he may go to court to challenge the results of the boards of election counts.

As things stand now, Conrad – who also won the Independence Party primary – would have the Democratic line to face off against Republican Bob Pecoraro in November.

Elections officials are expected to continue their tally of absentee ballots in the eight-county 27th Congressional District race on Thursday.