Candidate removed from ballot in Utica race

She's on a downtown Utica billboard, but after a State Supreme Court case in Oneida County Wednesday, the endorsed Democratic candidate in Utica's first district council race is off the ballot.

"I'm thrilled for the outcome today. It's been a long journey. I thought that there was obviously reason to bring this to court," said incumbent First-Ward Councilmember, Katie Aiello, who brought challenger, Mirela Pekmez, to court over fraudulent signatures. "There were people who we said is this your signature, essentially, that's the short version, and it turned out that no, it was not. In some cases, people had consented that somebody could sign for them, but in many cases, it was also just straight up forged signature," added Aiello. 

Pekmez declined comment through her boyfriend. Her attorney says fraud doesn't always mean malicious intent.

"He used the word fraud, but it wasn't an intentional, criminal type of fraud. By not seeing somebody sign when they're talking to you through a Ring doorbell under the new case out there, the Appellate Division looks at that as being a fraud. It's not fraud in the traditional sense of the word," said Attorney Gustave DeTraglia, Jr. "I mean, I think the courts need to catch up with technology."

Attorney DeTraglia is still determining whether or not they should appeal the case that removed his client from the ballot. Throughout this case, supporters of his client also raised questions and concerns about Councilperson Aiello's residency.

"I absolutely do live in the district," said Aiello. "They had my landlord come in and testify, said here's her lease, these are the rent checks."

It would seem the court's ruling ensures the outcome of the June primary, roughly a month before the race.

"It was originally a primary and she was my only opponent, so now that she's off the ballot, I'm unopposed completely. I still have my two ballot lines. But as of now, basically winning this court case means we won the election," says Aiello.

The primary is June 27th.