The Independent View: NY Still Counting Votes in 22nd Congressional District Update

The Two Candidates for New York’s 22nd Congressional District: Binghamton; Cortland; Rome; and Utica, are still Hundreds of Ballots away from finding out which of them will join the 117th Congress.

A State Court, on Monday, began its Review of at least 800 outstanding Ballots challenged by either Rep. Anthony Brindisi (D-Incumbent) or his opponent, Claudia Tenney (R). The District is now without a Representative until the counting has concluded. It is the only remaining House Race in the Country in which No winner has been Seated in the new Congress.

In the Two months since Nov. 3rd, the Margin has continued to oscillate by dozens of Votes. After several Procedural Snafus were discovered, a Judge required the District’s Eight County Boards of Elections to Fix Tabulation errors and Resubmit initial Counts.

The Uncontested Ballot Count, which included Hundreds of Affidavit Ballots, largely wrapped up late last month, with Tenney issuing a Statement on Dec. 29th declaring a 27-Vote lead. “Now that every undisputed ballot has been counted twice, we are still in the lead," she said. "This process has exposed a very flawed electoral system that needs to be fixed. We remain confident that once the contested ballots are reviewed by the court and the facts accurately applied according to the law, I will be declared the winner, certified, seated, and head to Congress to serve all the people of New York’s 22nd District."

That lead later changed to 29 Votes, with the Unofficial Totals at 155,862 to 155,833.

Brindisi’s Campaign says his Team expects the Numbers to keep wobbling as State Supreme Court Justice, Scott DelConte, Reviews the Contested Ballots, but Brindisi also expects to emerge victorious. Spokesman, Luke Jackson, said the Ballots have Not been Counted Twice as Tenney asserted in her Statement, the Process aims to Certify a First Tally, and both Campaigns have indicated they are prepared to call for a Recount.

"This Congressional seat belongs to New York’s voters and they need to have their voices heard," Jackson said in a Statement. "Anthony Brindisi has worked from day one to correct the errors in this election’s administration and ensure every lawful vote is counted accurately. There are hundreds of ballots still to be determined and as those ballots are considered in the coming weeks the balance in this election will continue to change.”

UPDATE

In Court Documents, Judge DelConte chastised Board of Elections Officials in the District for Not Properly Marking objections directly on Ballots, but rather using Unreliable Systems like Sticky Notes. On December 8th, DelConte issued the Order that Tenney is now Appealing.

The December 8th Decision ordered the Board of Elections to Fix their Errors. Each Board of Elections had to Schedule a Day to sit down with Representatives from both Campaigns and go back over Challenged Ballots, Marking down the Objections Correctly this time. The Order also required Board of Elections to Canvass Ballots that had been Left Out of the Original Count, giving the Campaigns a chance to Object to those as well.

The Properly Marked Ballots were Re-Transported to the Oswego Courthouse and Review got underway on December 22nd. There were reportedly about 100 Ballots left to go through at the end of the day Thursday, January 7th.

An Issue is a New York State Law, Inacted starting in 2020, that when a Voter Moves to another District in New York, they Do Not have to Re-Register, but the Board of Elections makes the Change to their Existing Record in the Voter Rolls. You can guess the Problems that created for the Nov. 3rd Election Verification Process.