Republican incumbent Jake Ashby and Democratic challenger Devin Lander remained locked in an unresolved fight for New York's 43rd State Senate District, with nearly 2,900 absentee and mail-in ballots still outstanding as election officials continued their count. The district, which covers Rensselaer County and parts of Albany and Washington counties, drew national-style scrutiny this week after early tallies showed the race hanging on a razor-thin margin that different outlets reported differently.
Conflicting Vote Counts Cloud the Picture
According to Times Union, state Board of Elections figures showed Ashby ahead of Lander by 177 votes out of roughly 125,000 cast in the race. But CBS 6 Albany separately reported a 364-vote difference between the two candidates, or just 0.3% of the total vote. The Times Union said it would not declare a winner while any scenario remained for the trailing candidate to close the gap, even as The Post-Star reported that preliminary state results showed Ashby retaining the seat.
Lander, who serves as New York's state historian, told CBS 6 Albany that the campaign expected the race to head to an automatic recount. “We're going to go to an automatic recount. I feel good about that but not all the votes are in yet,” he said. Under New York election law, a manual recount is required if neither candidate leads by more than half a percentage point, per the Times Union's reporting.
Outstanding Ballots and a Long Road to Certification
The Lander campaign reported that approximately 2,900 outstanding mail-in ballots remained to be counted, and the Times Union noted that the count would extend into the following week as more ballots arrived by mail. The Troy Record reported that State Board of Elections public information director Kathleen McGrath said early mail and absentee ballots can arrive until Nov. 10, while military and overseas ballots have until Nov. 16, as long as they were postmarked by Election Day.
McGrath also told the Troy Record that county boards must certify their results by Nov. 28, with the State Board of Elections required to certify by Dec. 15. Under state election law, once a board receives an early mail, absentee, military, or special ballot, it has four days to designate poll clerks to review the ballot envelopes, according to New York State Senate, Election Law § 9-209. Jeffrey M. Wice, a professor at New York Law School, said in reporting cited by the Times Union that recounts in the state usually finish within several days and rarely stretch on for weeks.
Campaign Messages From Election Night
Ashby, who has served nearly four years in the state senate and now holds a seat long represented by former Senate Majority Leader Joseph Bruno, attended an election-night gathering at a Troy banquet hall. He said turnout in Rensselaer County had been great and expressed confidence in his lead in a Wednesday morning statement, according to the Times Union. Ashby emphasized rising energy costs and public safety throughout his reelection campaign and said his team's legislation and conduct were exemplary, adding that district voters recognized it.
Lander, campaigning as the Democratic candidate for the seat, argued he could better deliver infrastructure and school funding because Democrats hold the chamber majority, per the same Times Union account. Mike Murphy, a spokesman for state Senate Democrats, said the party felt confident the district would flip significantly and noted that Ashby had not declared victory because the race remained unfinished.
A Redrawn District and a Shifting Electorate
The 43rd District became markedly more competitive after 2023 redistricting, which added areas of Colonie and the cities of Watervliet and Cohoes while removing communities in Saratoga County, the Times Union reported. Democratic voters now outnumber Republican voters in the district, though the race's closeness suggests the new boundaries have not guaranteed either party a clear advantage.
Nearby Assembly Races Already Settled
While the Senate race remained undecided, other Capital Region contests wrapped up more cleanly. In the 107th Assembly District, Democrat Chloe Pierce received 51.7% of the vote as of early Wednesday morning, defeating Republican incumbent Scott Bendett, the Troy Record reported. Bendett, the outgoing assemblyman, said federal politics had hurt some state-level candidates and that high fuel costs had crippled people financially. In the 108th Assembly District, Democrat John McDonald III claimed victory with 67% of the vote over Republican Joseph Adamo III, who received 33%, according to the same outlet's tally.
With certification deadlines still weeks away and thousands of mail ballots yet to be opened, the outcome in the 43rd District remains unsettled. Both campaigns are watching the same uncounted ballots that could determine whether Ashby keeps the seat or Lander becomes the district's newest senator.
