Oswego County Supreme Court Judge Scott DelConte has granted the Oneida County Board of Elections a two-day extension to canvass more than 1,000 ballots in the 22nd Congressional District race.
The order stems from an issue with voter registration through the Department of Motor Vehicles, where 1,028 affidavit ballots were rejected by the Oneida County BOE because the registration applications were not processed properly. DelConte said these votes should count because the voters registered on time.
In DelConte’s order, he had given the BOE a deadline of Wednesday, Jan. 27 at 6 p.m. to submit the canvassing results. According to the extension request submitted by BOE attorneys, the board wouldn’t be able to start canvassing until that morning.
According to the request: “This was the earliest possible time we could begin the canvass, after arranging for transportation of equipment and setup of the space. As we have indicated previously, the Board of Elections offices do not provide a COVID-safe space to conduct a canvass, so an alternate location was needed.”
The judge granted the request Monday afternoon.
The BOE will begin canvassing the remaining ballots at 9 a.m. Wednesday, and must report the results to the court by 6 p.m. on Friday.
This is the last undecided congressional race in the country, with no end in sight nearly three months after Election Day.
Both Democrat Anthony Brindisi and Republican Claudia Tenney have appealed the judge’s previous orders, and one or both will likely seek a recount even after final results are reported.
"I think it's likely that one or both campaigns will continue to appeal the rulings and seek to navigate the process to the most favorable outcome for them that's possible. So, it's unclear exactly what that'll mean for timing, but I think it's going to be at least a week or two before this is sorted out,” said Luke Perry, government and politics professor at Utica College.
As of the last unofficial count, Tenney leads Brindisi by 29 votes.