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NY judge demands final vote tallies in congressional race

Mary Esch | Hagadone News Network | UPDATED 3 years, 11 months AGO
by Mary Esch
| November 30, 2020 12:03 PM

A state judge on Monday ordered elections officials to preserve records showing how they calculated the results of an extremely close congressional race in central New York after two counties reported errors or changes in vote tallies over the holiday weekend.

Republican Claudia Tenney said Monday she had a 13-vote lead in the race, erasing Democratic incumbent U.S. Rep. Anthony Brindisi’s razor-thin advantage after one county adjusted its tabulation.

The winner in the 22nd Congressional District, which stretches from Lake Ontario to the Pennsylvania border, won’t be determined until state Supreme Court Justice Scott DelConte rules on challenges to more than 2,000 disputed absentee and affidavit ballots.

With the race so tight, the eight counties involved in tabulating results have been under enormous pressure to get every vote counted correctly — and some have apparently struggled to do so.

In a letter to the court on Sunday, a lawyer for Brindisi’s campaign told DelConte he learned that Herkimer County had discovered a transcription error that, when fixed, netted Tenney an additional 35 votes and Brindisi an additional 10.

Connor said he was “deeply troubled by the fact that Herkimer County adjusted its tabulations outside of public view, without public notice, without publication of its new results” and in violation of the court’s order for the Board of Elections to produce final tabulations to the campaigns by Nov. 25.

In addition to Herkimer County’s error, Madison County also adjusted its original vote tally, prompting DelConte on Monday to order all of the counties involved in tabulating the race to “preserve and secure” all written and digital records related to the tallying of votes, and not to make any alterations or changes in worksheets, spreadsheets or other tallying records.

“These communications raise additional, very serious concerns to the court about the pending judicial review of the challenged ballots in this Congressional race,” DelConte wrote.

DelConte ordered each county to submit a final vote tally by 4 p.m. Monday and scheduled oral arguments for Dec. 7.

Tenney represented the district in Congress until 2018, when Brindisi, defeated her by fewer than 4,500 votes. She's now trying to reclaim the seat in one of the closest contests of the 2020 election.

Tenney campaign spokesperson Sean Kennedy said Monday that her campaign believes it will prevail.

“We are encouraged that local elections officials have corrected their early tabulations and we are now ahead,” Kennedy said.

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