Bruce Mark A three-judge panel

A three-judge panel of the Third U.S. Circuit Court of Appeals let stand U.S. District Judge Clarence Newcomer's decision to replace State Senator William Stinson, a Democrat, with University alumnus Bruce Marks, a Republican. Marks, who graduated from the College of Arts and Sciences in 1979 and the Law School in 1984, is due to be confirmed the winner of the election at City Hall today at 11 a.m.. Newcomer had ruled that Stinson's election to the State Senate for the Second District was invalid because a significant number of absentee ballots were found to be fraudulent. In his 37-page decision, Newcomer said fraud was so extensive that none of the 1,757 absentee ballots cast in the predominantly black and Latino wards of the District could be counted. In votes cast on election day last year--before any absentee ballots were cast--Marks defeated Stinson 52 percent to 48 percent. In his ruling, Newcomer alleged that Democratic City Commissioners Margaret Tartaglione and Alexander Talmage, Jr. and Elections Supervisor Dennis Kelly were directly involved in the effort to fraudulently round up absentee ballots. The Associated Press contributed to this story. -- Greg Montanaro