Tag Archives: NY-22

Judge Orders Tenney Certified

By Jim Ellis

Former New York Rep. Claudia Tenney (R)

Feb. 9, 2021 — After more than three months of legal wrangling about whether former Rep. Claudia Tenney (R) defeated 116th Congress Rep. Anthony Brindisi (D-Utica) in New York’s 22nd Congressional District, a judicial ruling on Friday afternoon at last paves the way for a final certification from the New York State Board of Elections.

The NY-22 campaign is obviously the last to receive an initial final count. Another result, from the IA-2 contest that came down to a six-vote margin, is before in the House of Representatives. In this instance, the state of Iowa long ago certified that victory margin and Rep. Mariannette Miller-Meeks (R-Ottumwa) is provisionally seated pending a challenge referred to the House Administration Committee.

Returning to the New York situation, State Supreme Court of Oswego County Justice Scott DelConte early last week ordered election representatives from the eight counties, all or parts of which comprise the 22nd District, to appear in his court and certify the final totals, but he then suspended the order. This, after Brindisi appealed indicating that such a decision would cause him “irreparable harm.” Justice DelConte responded, saying he would take the motion under advisement until Feb. 5.

With his new ruling, Justice DelConte re-affirmed the previous order for the counties to send their certified totals to the state Board of Elections. The aggregate electoral sum will reflect a Tenney victory margin of 109 votes. The initial public count on Election Night ended with her leading by over 28,000 votes, which would drop to her trailing by just 14 tallies when the outstanding mail ballots from several counties were added. The post-election tabulation that included late-arriving votes from overseas and other ancillary ballots was then adjusted into a Tenney 12-vote edge and later 29, before yielding to an unofficial preliminary final count of a 122-vote spread.

Now, after the Justice has ruled on all contested votes – more than 600 after the two parties agreed on resolutions to an additional 500-plus ballots – a Tenney victory margin of 109 votes becomes the official final tally that will be transmitted to the state.

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Another Delay in NY-22 Certification;
Rep. Ryan to Announce Senate Run

By Jim Ellis

Feb. 4, 2021 — After ordering the eight NY-22 counties to certify their final congressional election results by yesterday afternoon and now surpassing 90 days after the votes were cast, State Supreme Court of Oswego County Justice Scott DelConte has reversed course. Yesterday, he instructed the county election officials to suspend their certification process.

Justice DelConte said he now wants to consider at least until Friday the effect of 116th Congress incumbent Anthony Brindisi (D-Utica) possibly winning his motions for legal relief at the appellate level after race leader Claudia Tenney (R) is certified the winner and takes office. This new direction suggests it could be several more weeks before we see a member sworn into the House from this particular Upstate New York district.

OHIO SENATE

Ohio Rep. Tim Ryan (D-Warren/Youngstown)[/caption]Yesterday, Ohio Rep. Tim Ryan (D-Warren/Youngstown) indicated that he will officially announce a campaign for the state’s open Senate seat in March. Ryan becomes the first prominent Democrat to begin organizing a campaign.

Ohio Rep. Tim Ryan (D-Warren/Youngstown)

As we will remember, Rep. Ryan joined the Democratic presidential field attempting to approach the electorate from a union jobs, more centrist perspective. His campaign failed to gain legs and he dropped out well before the first votes were cast in the Iowa Caucuses. During his 10 terms in the House, Ryan has publicly considered running for lieutenant governor, governor, and the Senate, only to back away each time in order to seek re-election to the House.

This time, however, his statement is definitive about running, and such a move makes political sense. Ohio is slated to lose another congressional seat in reapportionment and there is reason to believe that Rep. Ryan’s 13th District seat could be the one collapsed.

OH-13 begins at the Pennsylvania border and immediately encompasses the cities of Youngstown, Niles and Warren. Then the district moves further west to capture more than 228,000 individuals in the Akron metro area. Most of Akron city is shared with Rep. Marcia Fudge’s (D-Cleveland) 11th District, which is the least populated CD in the state. The 11th will likely need an influx of about 100,000 people to become compliant with the projected per district population number for the current decade under the new redistricting plan when adopted.

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The Next Step in NY-22

New York’s Congressional Districts

By Jim Ellis

Feb. 3, 2021 — Late yesterday, by judicial order, the seven affected counties in New York’s 22nd Congressional District finalized and completed the verification process of their final vote totals, but that doesn’t end the process.

The seven entities with the challenged ballots and Tioga County’s long ago completed results will then be sent to the State Board of Elections for final certification. The process, however, could conceivably endure further delays in the capital city of Albany.

First, 116th Congress incumbent Anthony Brindisi (D-Utica), who now will assuredly finish behind former US Rep. Claudia Tenney (R) in the final 2020 election count, has already filed an appeal to State Supreme Court of Oswego County Justice Scott DelConte’s ruling, asking for a hand recount of all ballots.

Second, as part of the 23-page judicial ruling directing the counties as to which votes must be added and subtracted from their counts because of eligibility rules, Justice DelConte indicated that his ruling is somewhat limited.

The Justice said he does not have the power either to order a new election or allow the 2,418 people who registered to vote before the Oneida County deadline but were denied ballots because election officials did not process their forms to vote post-election. Before the State Board of Elections, however, the final action could result in a different conclusion.

The SBoE is comprised of two appointed Democrats and a pair of Republicans. The panel is co-chaired by Democratic appointee Douglas Kellner and Republican choice Peter Kosinski. Nominees for the two co-chair positions are put forth to the governor from the partisan legislative leaders from both lawmaking chambers.

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NY-22 Vote on Brink of Certification

By Jim Ellis

Former New York Rep. Claudia Tenney (R)

Feb. 2, 2021 — After being suspended in political limbo for three months after Upstate New York voters cast their ballots, it appears that former Rep. Claudia Tenney (R) is on the threshold of being declared the winner of the disputed NY-22 contest.

State Supreme Court of Oswego County Justice Scott DelConte issued his ruling late Friday after weeks of hearings regarding disputes over more than 1,000 contested ballots and 2,100-plus individuals who registered to vote in a timely manner but whose documentation were not properly processed.

Justice DelConte released a 23-page ruling detailing his findings. As a result, it appears his acceptance or rejection of various ballots and a decision governing the mis-applied voter registrations allow Tenney to increase her lead from 29 votes to 122.

The justice first ordered Tioga County’s election officials, the only entity from the eight-county district that had no issues, to immediately certify their final totals. From the remaining seven counties with outstanding ballots, those election officials were ordered to appear in court Monday to count or remove votes at the Justice’s direction.

Once completed, the DelConte ruling ordered the counties to then implement a final canvass and certify their results by mid-day today. At this point, the final results from all eight counties will be sent to the State Elections Board in Albany for final certification.

In summary, the original totals found the two candidates, Tenney and 116th Congress incumbent Anthony Brindisi (D-Utica), separated by just 12 votes from the 317,727 ballots cast: 155,492 to 155,480, respectively, and including 6,755 votes for the Libertarian candidate. Through the ballot challenge period, we saw Brindisi moving ahead by 14 votes, and then back to Tenney’s most often reported 29-vote edge. It was only through Friday’s ruling when her advantage expanded to 122.

In all, 1,118 ballots were challenged. A total of 533 of those were withdrawn through agreement between the two campaigns, and after the two camps had resolved challenges to an additional 43 ballots. Three more ballots were “not preserved for judicial review.” Of the 609 challenges the justice considered, 470 were admitted to the count while 139 were rejected and ordered removed.

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NY-22: Up 12, Down 14, Now +27

By Jim Ellis

Former New York Rep. Claudia Tenney (R) leads by a whopping
27 votes in her bid to return to the House in the NY-22 race.

Jan. 11, 2021 — The vacant NY-22 electoral count continues to drag on with an end possibly coming soon … at least until the post-election lawsuits begin. The judge still reviewing the initial voting results, Oswego County Supreme Court of the 5th Judicial District of New York Justice Scott DelConte, is personally reviewing all of the contested ballots that at one time totaled approximately 2,100.

Former Rep. Claudia Tenney (R), originally elected in 2016 and who Anthony Brindisi (D-Utica) unseated in 2018, indicated that the latest count, which election officials provided to the candidates, shows her holding a 27-vote districtwide edge. Originally, Tenney led by 12 votes, then, a later tabulation allowed Brindisi to turn the tables to post a 14 vote lead; now Tenney appears to have re-captured the slight advantage, this time by a whopping 27 votes.

The former congresswoman was quoted in a media statement saying, “now that every undisputed ballot has been counted twice, we are still in the lead.” At issue, however, are between 400-500 contested ballots recently delivered to the Justice from Oneida County, an entity that Tenney carried.

Of the district’s eight counties, six of them have finally completed their tabulation after correcting the errors in their ballot challenge procedure per the judge’s instructions. Only small Tioga County, approximately 5,700 votes, had no issues after the initial count. The other seven counties, Justice DelConte concluded, had not complied with New York election law in processing and reporting their challenged ballots; hence, the presiding judge returned the affected ballots to the county offices with orders to correctly process and account for the undetermined votes.

The two remaining outstanding counties in relation to their challenged ballots, Broome and Oneida, are the district’s largest local entities. Together all of Oneida County and the 22nd District portion of Broome, which contains almost the entire latter county’s resident number, account for 60.4 percent of the district’s population. Tenney carried Oneida, with a 50.1 – 48.5 percent vote spread. Brindisi, the 116th Congress incumbent, placed first in Broome County, 56.5 – 40.8 percent. All but the challenged ballots are accounted for, however, and Tenney still maintains the slightest of district leads.

A total of 100,618 votes were cast in Oneida County and 89,775 in Broome. Districtwide, not counting the challenged votes, the district vote total exceeds 311,000 ballots.

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The House Convenes

By Jim Ellis

House Speaker Nancy Pelosi (D-CA) barely retained the Speakership in a narrow vote.

Jan. 4, 2021 — The 117th House of Representatives was called to order yesterday in an unusual Sunday commencement session, and even on the first day the House membership is not complete. The elected body includes 433 members. The NY-22 seat is still undecided, and the LA-5 district is now vacant due to the shocking death of Rep.-Elect Luke Letlow (R).

The vote for Speaker in favor of incumbent Nancy Pelosi (D-CA) was 216-209. Two Democrats, Reps. Conor Lamb (D-PA) and Jared Golden (D-ME), did not support Pelosi, voting for Rep. Hakeem Jeffries (D-NY) and Sen. Tammy Duckworth (D-IL), respectively, while three others voted present. Reps. Elissa Slotkin (D-MI), Mikie Sherrill (D-NJ), and Abigail Spanberger (D-VA), all re-elected with closer than expected margins, only acknowledged their presence in the chamber while responding to the vote for Speaker.

Two members were unable to participate in yesterday’s ceremony. Florida Rep. Alcee Hastings (D-Delray Beach), due to cancer treatments, and fellow Sunshine State Rep.-Elect Maria Elvira Salazar (R-Miami), because of a positive COVID test, were absent for the first session.

Three other seats will soon be vacant. Reps. Cedric Richmond (D-LA), Marcia Fudge (D-OH), and Deb Haaland (D-NM) have all been appointed to or nominated for positions in the Biden Administration.

Rep. Richmond will resign on Jan. 20 to run the White House Office of Public Engagement. This position does not require Senate confirmation. Reps. Fudge and Haaland must receive Senate confirmation for their nominations as secretaries of Housing and Urban Development and Interior, respectively. They will resign from the House upon receiving such approval for their new positions.

The NY-22 election is still undecided, now two full months after Election Day, and it may still be some time before the winner is actually determined. As the counties are finally finishing their vote totals after Justice of the Oswego County Supreme Court Scott DelConte ordered seven of the eight local entities to review and properly submit the challenged ballots to the court. Justice DelConte ruled that the seven counties failed to adhere to New York election law in processing and accounting for the challenged ballots.

The totals continue to fluctuate, as Tenney has seen her 12-vote lead swell to 29, before her fortunes changed to trailing by 14 tallies. Perhaps more importantly, DelConte has been ruling in favor of Rep. Anthony Brindisi’s (D-Utica) challenges, which could be a prelude to the final outcome. More than 2,000 ballots were contested by the competing parties.

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NY-22: Judge Rules

By Jim Ellis

Former US Rep. Claudia Tenney (R) leads freshman Rep. Anthony Brindisi (D-Utica) by just 12 votes out of 317,727 tabulated ballots.

Dec. 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.

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IA-2: Hart Petitions the House

By Jim Ellis

IA-2 Republican congresswoman-elect Mariannette Miller-Meeks – or is she?

Dec. 4, 2020 — As things officially stand, Rita Hart, the Democratic nominee in the open IA-2 congressional district that occupies the southeastern part of the state, has lost to state Sen. Mariannette Miller-Meeks (R-Ottumwa) by a grand total of six votes from more than 393,000 ballots cast, but the challenge process from the Democrat is apparently not over.

Though the state has certified the race, Hart is reportedly preparing to take the results directly to the US House of Representatives, asking the House Administration Committee to investigate the counting process. Ultimately, the House itself has the power to seat all of its members.

Normally, any individual possessing a duly authorized certificate of election from the state’s official election administrator, usually the Secretary of State, is seated. There is precedence, however, for denying duly elected candidates their seats.

Under Iowa election law and procedure, Hart had another way to challenge the results. Her campaign staff claims that certain ballots were not counted in the original or recount process, and there are enough, they say, to flip the final outcome in Hart’s direction.

In Iowa, such a disputed election goes to a judicial panel over which the state Supreme Court Chief Justice presides. In addition to the Chief Justice, the high court then chooses four other judges from around the state to comprise the special panel. In this case, the judges would have had to declare an official winner by Dec. 8 in order to comply with Iowa law. The Hart campaign contended that was not adequate time to consider the ballot challenges, so they opted to petition the House itself.

Rep. Zoe Lofrgen (D-CA) chairs the House Administration Committee, which includes five additional Democrats, two more from California, and three Republicans. The other members are: Reps. Jamie Raskin (D-MD), Susan Davis (D-CA), G.K. Butterfield (D-NC), Marcia Fudge (D-OH), and Pete Aguilar (D-CA). The Republicans are Ranking Minority Member Rodney Davis (R-IL) and Reps. Mark Walker (R-NC), and Barry Loudermilk (R-GA).

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Final House Tally: 223-212?

By Jim Ellis

Dec. 1, 2020 — The latest outstanding congressional race numbers suggest that the House may break 223 Democrats to 212 Republicans when some very close elections are finally decided. If this is indeed the final party division among the 435 seats, the GOP will only be six congressional districts away from re-claiming the House majority in the 2022 elections.

Currently, we see Real Clear Politics projecting California Rep. Mike Garcia (R-Santa Clarita) as the winner over state Assemblywoman Christy Smith (D-Newhall) in the state’s 25th CD, which lies in parts of both Los Angeles and Ventura Counties.

With still a small undetermined number of votes to be verified and counted, Garcia’s tight 405-vote margin appears to be holding. Our own rudimentary projections suggest that the freshman Republican congressman will hold by just under 400 votes. It is probable we will see a recount and potential ballot challenges, so the result may be challenged before and after certification. Under California election law, certification for all races must occur by Dec. 11.

We have seen several projections made suggesting former California Rep. David Valadao (R-Hanford) has defeated freshman Rep. T.J. Cox (D-Fresno) in the state’s Central Valley 21st CD. Valadao has a 1,820-vote lead according to the California Target Book organization’s in-depth analysis.

Our more rudimentary estimates suggest that Valadao will win the final count by approximately 1,400 votes based upon the potential number of outstanding ballots in the three counties, Kern, Kings, and Tulare, that are still verifying and counting mail votes. Fresno County has completed its count.

Later today, we expect to see the second certification of Iowa candidate Mariannette Miller-Meeks (R) in the state’s 2nd Congressional District. Under Iowa law, a certification had to be issued one week after the election, in this case Nov. 10, and Miller-Meeks, a state senator from Ottumwa who is in her fourth run for the US House, was originally certified as the winner with a 47-vote margin. The full recount finds former state senator and 2018 lieutenant governor nominee Rita Hart (D) gaining votes but still losing by a total of just six votes districtwide from more than 394,400 ballots cast, a Miller-Meeks winning percentage of 50.0008 percent.

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House 2020 Overview

By Jim Ellis

Dec. 3, 2019 — Now that two states have already completed their congressional candidate filing (Alabama and Arkansas) and five more are scheduled for December including Illinois, which closed yesterday, it is time to begin to ascertain where US House politics might reasonably stand right now.

California (Dec. 6), Texas (Dec. 9), Ohio (Dec. 11), and North Carolina (Dec. 20 – on hold due to court order), are the other states with candidate deadlines this month. At the end of December, the seven filed states including North Carolina, would account for 129 congressional district candidate slates.

Currently, the party division yields four vacant House seats — two from each party. Of the 431 seats with representation, Democrats hold 233 and Republicans have 197, along with one Independent — Michigan Congressman Justin Amash (I-Cascade Township/ Grand Rapids), who left the Republican Party earlier this year.

Comparing the current ratings for each district against where the seats stood a year before the 2018 election finds that 82 political situations have changed ratings with most moving away from the Republican column and toward the Democrats, but not in all cases.

Currently, 75 districts fall into either the Toss-up, Lean Democrat, or Lean Republican categories. This assumes that the four vacancies — CA-25 (Katie Hill-D), MD-7 (Elijah Cummings-D), NY-27 (Chris Collins-R), WI-7 (Sean Duffy-R) — all remain with their current party in upcoming special elections.

Adding another assumption concerning the House outlook involves the newly adopted court-ordered North Carolina congressional map, the third of this decade. On its surface, these latest district boundaries would net the Democrats at least two seats, those that Reps. George Holding (R-Raleigh) and Mark Walker (R-Greensboro) currently represent.

Both parties are lodging new legal challenges to the map, and the state’s Dec. 20 candidate filing deadline is on hold for the US House candidates until the legal situation is resolved. For the purposes of this analysis, the new North Carolina map is inserted into the national overlay, thus increasing the Democratic conference by two seats.

Of the 75 lean and toss-up seats, 36 are currently in the Democratic column and 38 lie in Republican hands. The remaining seat belongs to Independent Rep. Amash. Looking at how the seats might break right now, it appears that 33 are rated as Lean Democratic with 30 categorized as Lean Republican. The remaining dozen, including the Amash seat, are considered toss-ups.

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