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.