A Panel of New York Appellate Division, Second Department Justices, ruled that 94 previously Rejected Absentee Ballots, cast in the Race for State Assembly District 23, will be sent back to the Individual Voters to be “cured”.
The Ruling opens the door for the Ballots to be re-entered into a Race, where only One Vote separates Candidates Thomas Sullivan (R) and Stacey Pheffer Amato (D), who currently holds the Lead.
The Decision, issued after the Parties argued the Case, alters but doesn’t outright Reject a Decision issued by Queens Supreme Court Justice Joseph Risi earlier this month.
Risi ordered the City’s Board of Elections (BOE) to Count the Ballots as is, citing Time concerns, it’s been well over a month since the Votes have been cast.
At the heart of both the Appellate Justice and Risi’s Ruling, was the fact the Board of Elections Failed to Notify the 94 Voters, that their Ballots had been Rejected, as they are required to do by Law.
“The Board failed to perform its duty under the Election Law,” the Justices said in the Decision.
“Accordingly, the Supreme Court should have granted the petition to the extent of directing the Board to comply with [the law] by notifying each of the 94 voters whose absentee ballots were invalidated…of the invalidation of his or her absentee ballot, the reason for such invalidation, and the opportunity and procedure to cure the defect by filing a cure affirmation.”
As per Decision, the BOE will now be required to Notify the 94 Voters, and give them an Opportunity to fix their Ballots, and finally make their Voice heard in the Closest Race in recent New York City Electoral History.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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