Thursday was a relatively quite day in the court case between Claudia Tenney’s campaign and Anthony Brindisi’s campaign. On Wednesday the two sides in the lawsuit that could decide New York’s 22nd Congressional race filed motions. On Thursday, both sides filed their objections to the other’s motions.
The Brindisi camp urged New York State Supreme Court Judge Scott DelConte to reject Tenney’s motion to accept the districtwide vote tally. Tenney’s motion requested the certification because they contend that Brindisi did not object to the way the questionable ballots were handled during the canvas. Brindisi says that they were and that that was recognized by both sides during an evidentiary hearing. Brindisi also claims that the court has the right and obligation to fix any error made by the Boards of Election.
Tenney’s objections restate her claim in motions that Brindisi gave up the right to sue when his people did not object to how Oneida County was handling questionable ballots by using Post It Notes on the ballots in question instead of marking them in ink on the back of the ballots.
Tenney further claims that the mislaid 55 ballots in Chenango County cannot be ruled on by DelConte because they were not part of the original tally submitted to DelConte in the lawsuit. Those ballots were found after a court imposed deadline for each county to submit their vote tallies. Brindisi is asking for those ballots to be opened in a public session with watchers present. Tenney is also asking for that to be denied because they contend that such a public session with watchers present would create a public health crisis, due to COVID.
Tenney also cited the Bush v Gore Supreme Court ruling of 2000 saying Brindisi’s motions would violate the Equal Protection clause of the 14th Amendment by treating voters in different counties differently than in other counties. Even different voters in the same county differently according to the method they used to vote.
On Friday, both sides in the case can file countermotions. On Monday lawyers for the campaigns and the eight county Boards of Election will make their case by oral arguments in the courtroom in Oswego.