Judge grants delay as numbers change in vote count in 22nd Congressional District

Regional News

OSWEGO COUNTY, N.Y. (WSYR-TV) — State Supreme Court Justice Scott DelConte delayed until Wednesday the deadline for lawyers for Claudia Tenney and Anthony Brindisi to file legal documents in the case over disputed ballots in the 22nd Congressional District.

The judge’s decision came at the request of attorneys on both sides after it was learned vote totals supplied to the court and candidates last week had been amended over the weekend.

The judge also ordered boards of elections in the eight counties that make up the 22nd Congressional to provide the court and candidates with their final totals by 4 p.m. Monday.

Coverage from earlier Monday

An attorney for Republican candidate Claudia Tenney Monday joined the campaign of Democrat Anthony Brindisi in asking a State Supreme Court justice for more time in preparing legal motions in the court case over disputed ballots.

The motions were due at 5 p.m. Monday.

The Tenney campaign also asked the judge to modify his order barring the eight boards of elections in the counties that make up the 22nd Congressional District from certifying the results in the race. The attorney for Tenney wants Judge Scott DelConte to allow the county boards to certify the results, but not submit them to the state. The Tenney attorney argues the judge can’t legally order a recanvass (recount) of the ballots until the original canvass is complete and certified.

The campaign of Democratic Congressman Anthony Brindisi first made the request to delay the deadline for motions Sunday afternoon when it learned from a Tweet by a radio talk show host that Tenney retook the lead in the race following an audit of results in Herkimer County.

When we last left this story, the campaign for incumbent Brindisi announced Wednesday said it held a slim lead over Republican Claudia Tenney after the campaign received final vote counts from all eight counties in the 22nd Congressional District.

Late Sunday, an attorney for the Brindisi campaign asked a State Supreme Court justice for more time to file motions in the case, after learning Sunday of the changes in the vote count in Herkimer County.

According to a letter to Justice Scott DelConte, in Oswego, the Brindisi campaign says it spent much of Sunday trying to reach Herkimer officials after learning of the changes on social media.

“As a preliminary matter, counsel is 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 direct violation of this Court’s Order directing the Respondent Board of
Elections to produce final tabulations to the respective campaigns by no later than November 25.”

The letter also says the Brindisi campaign says it is concerned this information made its way to a talk show host, but not to all parties in the legal case.

Tenney’s attorney also revealed in the letter to the court that Madison County may also have updated numbers.

Tenney held a more than 28,000 vote lead on election night, but as absentee ballots were counted, Brindisi closed the margin to within a few hundred votes. Both campaigns went to court to dispute a number of absentee and affidavit ballots.

On Tuesday of last week, Judge DelConte ordered all boards of elections in the 22nd district to provide final vote counts to the candidates by the following day.

He also adjourned the hearing on the disputed ballots and gave attorneys for the candidates until Monday, November 30 to file motions.

On Monday, a spokesperson for Brindisi released a statement that said, “The margin in this race is incredibly close and continues to change. The integrity of the election and maintaining a count that ensures the voters of this district are heard is of the utmost importance. As this process continues to play out, we are hopeful that once the counting process is completed, Anthony will be declared the winner.”

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