COMMENT: The Brindisi-Tenney election is yet another New York election where the true winner will never be known. The ballots are not 100% hand-counted. The disputed affidavit and absentee ballots are the only ballots to see the light of day. The votes fed into the scanners in early voting and on election day were counted by the scanners. There is no evidence that the scanners counted accurately. The good news is that the governor signed a bill taking effect in 2021 that would require an automatic 100% recount in races as close as this one. The bad news is that the election law also allows the recount to be done on scanners. Allegra Dengler
https://www.syracuse.com/politics/2020/12/judge-tells-counties-to-resolve-brindisi-tenney-election-by-start-of-new-congress.html
• Politics & Elections
Judge tells counties to resolve Brindisi-Tenney election by start of new Congress
Updated Dec 16, 2020; Posted Dec 16, 2020
State Supreme Court Justice Scott DelConte, left, speaks to lawyers for Rep. Anthony Brindisi and Claudia Tenney in a virtual court hearing Monday, Dec. 7, 2020.
By Mark Weiner | mweiner@syracuse.com
A judge today told election officials he wants to resolve disputes in the undecided House race between Rep. Anthony Brindisi and Claudia Tenney by the start of the new Congress on Jan. 3.
It was the first time State Supreme Court Justice Scott DelConte set a goal for ending the review of challenged ballots in the 22nd Congressional District – a process that has dragged on for more than a month after the election.
DelConte told lawyers for the eight counties in the district that he wants to meet with them privately Friday “to address the scheduling and logistics for resuming review of all challenged envelopes and ballots as safely and efficiently as possible.”
The judge said his goal is to start reviewing disputed ballots on Monday, Dec. 21.
Lawyers for Brindisi, D-Utica, and Tenney have raised objections about hundreds of absentee and affidavit ballots cast in the election, leaving it to DelConte to decide which votes are valid.
For now, Tenney leads Brindisi by 12 votes out of more than 318,000 cast in the election, according to uncertified returns from the counties.
Tenney, a Republican from New Hartford, led by 28,422 votes on election night. But her lead evaporated as election officials counted about 60,000 absentee ballots cast under new rules during the coronavirus pandemic.
DelConte ordered county election officials in the 22nd District to review all of the disputed absentee and affidavit ballots this week in the presence of lawyers for both campaigns.
The judge told election officials to correct counting errors that surfaced since the initial tally, count 44 ballots that had been “mislaid” in Chenango County, and give lawyers a chance to challenge the decision of election commissioners to reject hundreds of affidavit ballots.
DelConte also asked election officials in each county to properly record in ink on ballot envelopes the reasons why either candidate disputed the vote.
In his letter to county lawyers today, DelConte asked election officials to provide him with the number of absentee and affidavit ballots that will now be subject to judicial review.
The judge said he wants the information as soon as possible. He plans to meet with lawyers for the candidates and counties at 1 p.m. Friday. The meeting is not open to the public.
The 22nd Congressional District spans all of Madison, Oneida, Cortland and Chenango counties and portions of Oswego, Broome, Herkimer, and Tioga counties.