By Jim EllisDec. 10, 2020 — The only House race still uncertified or undecided will remain in political limbo for at least a couple of more weeks. Tuesday, in a 20-page ruling, state Supreme Court Justice Scott DelConte returned the contested race back to the counties to properly complete the canvass process in order to ensure that all eligible votes are counted and recorded.
At this point, former US Rep. Claudia Tenney (R) leads freshman Rep. Anthony Brindisi (D-Utica) by just 12 votes of 317,727 tabulated ballots.
At one point, Tenney led the count by 28,422 votes, but that lead all but disappeared when the 60,000-plus mail votes were recorded. At one point, Brindisi took a 13-vote lead, but a discovered mistaken count in Herkimer County changed the outcome to give Tenney her present 12-vote edge.
In New York, the local district court — or superior court as some states label it — is referred to as a Supreme Court. Justice DelConte has assumed jurisdiction for the case and determined that seven of the congressional district’s eight counties did not follow New York election law or procedure as to how county personnel handled many of the contested ballots and those that are seemingly uncounted.
Additionally, the judge denied both Tenney’s motion to certify the current count and Rep. Brindisi’s motion to recount only some of the counties and precincts. Justice DelConte wrote that Tenney’s motion ignored the clear fact that a bevy of ballots remain uncounted and recorded, and Brindisi only wants to adjust the areas that are favorable to him.
Only Tioga County correctly completed the counting and canvass process and is therefore not involved in this post-election adjustment period. Personnel in the other seven counties, however, at least failed to adhere to New York law that requires a written explanation on the invalid ballot itself as to why it was rejected and who made the challenge. Instead, many contested ballots were affixed with post-it notes, many of which have become dislodged and lost.