UTICA: "DelConte ruled against a Brindisi request for a hand recount of all ballots in the race, lifting a temporary restraining order on certifying the results with his Friday decision. Under a new state law, the margin in the race would have triggered an automatic recount, but the election predated the law’s Jan. 1 effective date. “
COMMENT: Again, voters will never know who actually got the most votes in this race because again a judge ruled against any 100% hand count. The court refused a hand count despite the ineptitude of the Oneida Board of Elections in an "election and counting process riddled with errors, with inconsistencies and systematic violations of state and federal election laws” (Brindisi) . Fortunately, this is the last time this will happen in a close election, since a new law requires an automatic hand count in close elections like this. Thanks to all who advocated for that law, it’s a very important first step. There’s more work to do, though, since there are races that fall outside that margin that will not get 100% hand counts. And if the new Expressvote XL is certified (possibly as early as tomorrow Feb 10), the hand counters will not be looking at ballots the voters marked themselves, but computer generated tapes with barcodes. It’s time to get the voting machines out of the way and let the people mark their own ballots and count all the votes by hand. Allegra Dengler
New York certifies Claudia Tenney as winner in 22nd district for last U.S. House seat
Steve Howe
Observer-Dispatch
More than three months after Election Day, the race in New York’s 22nd Congressional District is over.
A little more than two hours after the state Board of Elections certified Republican Claudia Tenney as the winner by 109 votes, Democrat Anthony Brindisi conceded the race in a statement. The double announcements Monday brought an abrupt end to the last contested House of Representatives race in the nation.
“Today I congratulated Claudia Tenney and offered to make the transition process as smooth as possible on behalf of our community,” Brindisi said. “I hope that she will be a Representative for all the people of this district, not just those that agree with her point of view, and work with members of both parties to heal the deep divisions that exist in our Country.”
In his statement, Brindisi said the election and counting process was riddled with “errors, inconsistencies and systemic violations of state and federal election laws,” echoing state Supreme Court Justice Scott DelConte’s critique in court orders throughout the judicial review.
“My one disappointment is that the Court did not see fit to grant us a recount,” Brindisi said. “Sadly, we may never know how many legal voters were turned away at the polls or ballots not counted due to the ineptitude of the Boards of Election, especially in Oneida County.”
Tenney thanked Brindisi for his service in a response on Twitter to Brindisi's concession tweet.
"He graciously offered to help ensure a smooth transition and I look forward to working with him over the coming days to complete that process on behalf of everyone in NY22," she said.
DelConte’s decision Friday ordered the Oneida County and state boards of elections to certify the results, with Tenney leading, after he ruled Brindisi would not suffer irreparable harm. DelConte outlined two paths forward for the Utica Democrat, including an appeal in the state Appellate Division and by the Federal Contested Elections Act.
The state Board of Elections held a brief meeting and voted unanimously to certify the results, which were then transmitted to the Clerk of the House of Representatives.
Tenney led on Election Day by 28,422 votes, but saw her lead dwindle as affidavit and absentee ballots were counted. The judicial review of the ballots, with evidentiary hearings beginning Nov. 23, uncovered numerous errors in the counting and conduct of elections officials.
Those errors included improper marking of candidate challenges, improper administrative rejection of affidavit ballots and, in Oneida County, more than 2,400 online voter registration applications that were unprocessed, but returned timely.
DelConte ruled against a Brindisi request for a hand recount of all ballots in the race, lifting a temporary restraining order on certifying the results with his Friday decision. Under a new state law, the margin in the race would have triggered an automatic recount, but the election predated the law’s Jan. 1 effective date.
Steve Howe is the city reporter for the Observer-Dispatch. For unlimited access to his stories, please subscribe or activate your digital account today. Email Steve Howe at showe@gannett.com.