Absentee ballot applications had been sent out for the November election, while no new applications had been sent out to district voters for the April elections. Once election officials began tallying the April results, Hoblock and Carman challenged the absentee ballots.
They contended that failing to send out absentee ballots applications for the April election was voter disenfranchisement. They took their case to state Supreme Court. A court order put a stop to the vote tallying.
In October 2004, the state Court of Appeals, citing state election law, called for the ballots to be tossed out and election winners named. Hoblock's attorney, Paul DerOhannesian, sought a federal opinion in U.S. District Court. In a May 24 ruling, U.S. District Judge Lawrence E. Kahn ordered the Albany County Board of Elections to count the absentee ballots and certify the winners.""