#NY22: Republican Challenger Claudia Tenney Moves Back Into Lead By 13 Votes After Final Count

#NY22: Republican Challenger Claudia Tenney Moves Back Into Lead By 13 Votes After Final Count

The lead for #NY22 changes every single day. Now Republican challenger Claudia Tenney leads Democrat incumbent Anthony Brindisi in the final vote.

But the winner will likely come from the 2,200 affidavit ballots both parties rejected and 270 absentee ballots.

Brindisi held a 13 vote lead over Tenney right before Thanksgiving.

Herkimer County discovered an “error in its unofficial vote count,” which gave Tenney “an additional 35 votes” and Brindisi got 10 more votes.

NEWS: With a preliminary canvass of votes in all eight counties in #NY22, Republican @claudiatenney now leads incumbent Democrat Rep. @ABrindisiNY by 12 votes, per court filings.

A judge in Oswego County will start hearings on 12/7 over thousands of challenged ballots. pic.twitter.com/TloOI19lrS

— Jimmy Vielkind (@JimmyVielkind) November 30, 2020

Justice Scott DelConte has had enough of the Board of Elections (BOE)
in each county because no one can get its act together.

This is a screenshot of Justice DelConte’s order to all parties involved. The justice is not happy with the BOEs.

“These communications raise additional, very serious concerns to the Court about the pending judicial review of the challenged ballots in this Congressional race.” pic.twitter.com/TgVCi5Atgh

— Josh Rosenblatt (@JRosenblattTV) November 30, 2020

Justice DelConte’s 1st & 2nd orders relate to the preservation of all “worksheets, tally sheets, spreadsheets or any other election tallying records, whether formal or informal”.

Basically, after we’ve seen so many counting and reporting errors, the judge wants all of the math.

— Josh Rosenblatt (@JRosenblattTV) November 30, 2020

The 4th and final order pushes the deadlines for all the various legal filings by two business days.

The next appearance in court will be Monday, December 7th at 1pm.

— Josh Rosenblatt (@JRosenblattTV) November 30, 2020

What’s next?

Those 2,500 affidavit and absentee ballots:

DelConte had ordered election officials to count at least 270 challenged absentee ballots, pending review. But more than 2,200 affidavit ballots jointly rejected by Democratic and Republican commissioners in each of the eight counties were not counted.

Brindisi’s campaign has disputed some of the county rulings on affidavit ballots.

DelConte has asked the Brindisi and Tenney campaigns to submit written arguments over how to handle the disputed absentee and affidavit ballots by 4 p.m. Wednesday.

The judge today ordered that the next public hearing in the case will be 1 p.m. Monday, Dec. 7.

The New York State Supreme Court of Oswego County is handling this lawsuit, but it is not the highest court in New York. It is actually “one of several courts at the lowest level of the state civil courts.” If appealed, it goes to the Appellate Division of the Supreme Court.

A decision from the New York State Court of Appeals, the highest court in the state, “would have to be directly appealed to” SCOTUS.

Short of intervention by the US House of Representatives, this would be the final decision on #NY22

NY has a confusing structure to the naming of its courts, but this lays out our path ahead if we leave Justice DelConte’s courtroom 6/6

— Josh Rosenblatt (@JRosenblattTV) November 30, 2020

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