The difference one vote can make.

The county.s two elections commissioners Wednesday said the Independence Party primary for Erie County comptroller has landed in a tie because they cannot settle some outstanding issues.

As it stands now, 937 votes each went to Michael J. Abramo of the Independence Party and Philip C. Kadet, a Republican seeking the Independence line.

"Amazing, isn.t it?" Kadet said later.

Dead heats are rare, and this one hinges on the scrapping of a half-dozen votes because of quirks at two polling places.

The two commissioners—Republican Ralph M. Mohr and Democrat Dennis Ward — agreed the candidates can now go to court in their attempts to obtain the Independence line for the Nov. 3 election.

A judge could compel the commissioners to count some votes that are in dispute.

Or there.s another route: The famously divided Independence Party could determine its candidate. In that case, the edge would go to Kadet.

The party.s county committee is at war with its state leaders over control of endorsements in Erie County. The state party, which won the latest court battle, has said it will handle the endorsement process with guidance from G. Steven Pigeon of Buffalo and his billionaire backer, B. Thomas Golisano, a founder of the party in New York.

At Pigeon.s behest, the state committee endorsed Kadet earlier this year when the county committee wanted to endorse Mark C. Poloncarz, the Democratic incumbent.

Poloncarz, no friend to Pigeon, did not run in the Independence primary.

But Abramo did run, mainly as a spoiler. With little name recognition he did surprisingly well against Kadet, who is backed not only by the Republicans but by County Executive Chris Collins.

Kadet, knowing he is favored by the state committee, was not talking about a lawsuit Wednesday. He said he would like to first see what happens with the Independence Party.

If the state committee can name the candidate, then it will most likely choose Kadet.

"Certainly it.s not lawsuit time," he said.

Abramo could not be reached to comment.

Major-party candidates in New York, which allows "fusion voting," value the Independence line because the notion of an "independent" candidate appeals to those voters who avoid the Republican or Democratic brands.

Only voters registered with the Independence Party can vote in its primaries. But something odd occurred in the Independence Party primary for comptroller at two polling places.

At South Park United Methodist Church in South Buffalo, five votes were cast—one for Abramo and four for Kadet. However, only two Independence Party members signed in to vote.

Did Democratic primary voters somehow stray to the Independence Party machines? And if so, which votes should be counted?

Similarly, at St. Paul.s School in the Town of Tonawanda, one vote was cast, for Kadet, when no Independence Party voter actually signed the voter book. An inspector, however, did leave a mark indicating the voter did appear.

Ward, the Democratic commissioner, would not certify the election results because of those problems.

In another matter, the two commissioners split on whether to remove former County Legislator Kathy Konst from the ballot in this year.s race for District 5.

When the county executive in August hired Konst as his commissioner of environment and planning, she resigned from the Legislature and withdrew from the race.

It was too late under state election law to let the committee on vacancies select her replacement. So unless the commissioners decided otherwise, Konst.s name would appear on the ballot even though she is not a candidate.

The situation seemed to assure the only other candidate, Republican Dino J. Fudoli, of a November victory.

However, a lawyer for Diane Terranova, a Lancaster Democrat appointed to fill out Konst.s current term, has asked the elections commissioners to remove Konst.s name from the Democratic and Independence lines and let a replacement effort begin.

Lawyer Jeffrey E. Marion argued that Konst, now a county employee whose department is heavily dependent on federal grants, cannot appear as a political candidate because such activities are restricted by the federal Hatch Act. With a Hatch Act violation, the commissioners would be right to remove her name, he said.

Marion issued an administrative subpoena for Konst, but she did not show Wednesday. She did, however, send out a letter to news outlets repeating that she is no longer a candidate for office.

Mohr, the Republican, did not accept Marion.s arguments. However, Marion did impress Ward, and the two commissioners split on what to do.

With his administrative remedy exhausted, Marion said he will soon go to court to try to remove Konst.s name.