Oswego County Supreme Court Judge Scott DelConte has ordered the Oneida County Board of Elections to canvass more than 1,000 affidavit ballots, after the BOE violated election law by rejecting affidavit ballots without proper review.
The BOE must retrieve the ballots from Oswego County Supreme Court, complete the canvassing and submit results to the court by Jan. 27 at 6 p.m.
According to court documents, DelConte found that the Oneida County BOE failed to properly review the affidavit ballots initially, and then again failed to properly canvass them under a Dec. 8 order from the court that required all boards in the district to recanvass affidavit ballots.
This means Oneida County must canvass 68 affidavit ballots cast by people who registered to vote with the DMV, but did not have their applications processed in time.
DelConte decided this also applies to 1,028 other affidavit ballots that the BOE rejected without researching whether the voter registered on time or not.
Republican Claudia Tenney's attorneys wanted to disregard all of the ballots in question, while Democrat Anthony Brindisi's team wanted to count only a portion of them.
DelConte has decided the court must review them all.
The judge says by not canvassing the ballots originally, Oneida County was in violation of Election Law 9-209.
As of the last unofficial tally in the race for the 22nd Congressional District, Tenney leads by 29 votes.
Read DelConte's full order below: