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Brindisi, Tenney campaigns file ballot motions with state supreme court

Decision 2020

In the race for the 22nd Congressional District seat, both the Tenney and Brindisi campaigns electronically filed motions with State Supreme Court in Oswego on Wednesday.

Posted: Dec 3, 2020 4:21 PM
Updated: Dec 4, 2020 1:29 PM

OSWEGO, NY – In the race for the 22nd Congressional District seat, both the Tenney and Brindisi campaigns electronically filed motions with State Supreme Court in Oswego on Wednesday.

Republican challenger Claudia Tenney leads incumbent Democratic Rep. Anthony Brindisi by a mere 12 votes as of last report on Monday.

The Tenney campaign moved to have the election certified as of results received from the boards of election of the eight counties which comprise the district by 4:00 p.m. on November 30 - this past Monday. That would mean the 12 vote lead for Tenney was reported Monday would stand and be the final margin of victory.

Tenney’s campaign says any ballots that weren’t properly documented - such as the ‘sticky notes’ issue in Oneida County - should not be counted.

The Brindisi campaign moved to have the eight county BOEs present the challenged ballots and recorded objections to those ballots in a public hearing. Brindisi’s campaign says the court can order corrections to ballots which contain errors.

Brindisi’s lawyers also say the 55 newly-discovered early voting ballots in Chenango County should be canvassed in a public forum with election watchers present, and the county BOEs should present new recanvass reports generated from their elections software.

Brindisi’s campaign also says the Oneida County BOE should start a ‘limited manual audit’ to determine if their improperly marked contested ballots should be counted.

The case will return to state supreme court before Justice Scott DelConte on Monday, December 7 for further review.

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