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TROY, N.Y. -- The special prosecutor in the Troy ballot fraud case says he's planning for a retrial.

Special Prosecutor Trey Smith said he will retry both former Troy city councilman Michael LoPorto and Rensselaer County Democratic Elections Commissioner Ed McDonough.

The pair were accused of forging ballots to secure the Working Families line for the Democrats in the 2009 primary. The judge declared a mistrial in the case Tuesday after jurors determined they were deadlocked on the charges.

The jury had six weeks worth of testimony to consider in the case and had been deliberating since March 2nd.