According to the News, 42 paper ballots were not included because the scanner hasn’t detected a vote on them. It's possible that the voter circled a candidate's name instead of filling the oval next to it. On the absentees, which are examined by hand, the Board of Elections will include such as a vote, but they wouldn't make the effort to find such votes on Election Day ballots. The News wants to examine the ballots, and is reporting that they uncovered that one scanner in Bronx miscounted hundreds of votes through a similar freedom of information request.
Lawyers: Start preparing the case. And for laymen who want to familiarize a bit more with the process, check out an interesting recount and re-canvass primer by Liz Benjamin.
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