Judicial review in NY-22 congressional race on hold until next year – Utica Observer Dispatch

New Yorks 22nd Congressional District will not have a representative when the next session of Congress begins Jan. 3.

The final hearing in 2020 of the judicial review of the congressional race wrapped up in Oswego County Supreme Court with some questions left unanswered. The case will not resume until after the state court systems recess is over Jan. 4.

The results in the race between U.S. Rep. Anthony Brindisi and Republican Claudia Tenney have not been certified, more than seven weeks after Election Day. Its the only House of Representatives race without certified results.

Among the unfinished issues in the judicial review is the ongoing canvass of administratively rejected ballots in Oneida County. The ballots are being canvassed under a Dec. 8 order from state Supreme Court Justice Scott DelConte.

The latest update on the Oneida County affidavit count, from Wednesday morning, had a total of 847 ballots reviewed, including 253 on Monday and 594 on Tuesday. The county board of elections still had 950 ballots to canvass.

Of those recently canvassed ballots, 237 have been included in the preliminary count. The numbers presented Thursday morning gave Brindisi 125 votes additional votes,92to Tenney and nine to Libertarian candidate Keith Price, with no votes on the remaining 11 ballots.

The current, overall unofficial results now edge to Brindisi, giving the incumbent a 14-vote lead. Tenney previously led by 19 votes; its the second time Brindisi has taken a narrow lead in the unofficial and incomplete count.

During Wednesdays proceedings, DelConte ordered the Madison County Board of Elections to correct timestamp errors on ballots received on Election Day, but timestamped Nov. 4. Employees, including both commissioners, at the countys board of elections testified they did not receive any ballots by hand after Election Day.

Madison County Board of Elections Republican Commissioner Mary Egger reiterated testimony that affidavit and absentee ballots received at polling sites were secured in the county jail, then brought to the board of elections offices Nov. 4. The ballots, which were sealed on Election Day, were then timestamped.

A total of 119 ballots would need to be corrected based on the timestamp error, per DelContes order. A Madison County Sheriffs deputy arrived at 3:30 p.m. to return the ballots to the board of elections to make the corrections, which will be completed before the candidates or their representatives.

The judicial review for ballots in Chenango County continued, with attorneys for both candidates arguing the validity of ballots based on stray marks, dropoff locations and other discrepancies. At the end of Wednesdays hearing, DelConte called a halt to the Chenango County review, to be resumed Jan. 4.

The court has yet to review any contested ballots from Broome and Oneida counties. Even once the campaign attorneys have argued their cases in court, DelConte will need to make rulings on hundreds of contested ballots before there is a final count in the race.

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Judicial review in NY-22 congressional race on hold until next year - Utica Observer Dispatch

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