OSWEGO, N.Y. – Claudia Tenney’s campaign has filed a motion in Oswego County Supreme Court to impound the ballots in the 22nd Congressional District, as absentee ballots continue to arrive in the mail.
If the request is approved, all of the ballots will be secured in legal custody until all are counted.
Tenney’s campaign spokesman, Sean Kennedy, says they want to secure the ballots to “ensure a fair counting of all outstanding ballots (as) we enter the absentee counting phase of this election.”
As of Thursday, Nov. 5, Claudia Tenney was leading Brindisi by more than 28,000 votes, with more than 50,000 absentee ballots yet to count.
During the last close race between Tenney and Congressman Anthony Brindisi in 2018, a judge granted a request by Brindisi to have the ballots impounded.
At that time, Tenney’s camp released a statement criticizing Brindisi for taking legal action, saying:
"Anthony Brindisi is a desperate Albany machine politician who is watching his lead erode. Instead of letting the process play out to ensure votes are counted fairly as Claudia Tenney has done, Brindisi is turning to lawyers and intimidation to attempt to disqualify votes which are not for him.
What does Brindisi have to hide? Why is Brindisi trying to prevent votes from being counted? We will protect the integrity of this process and fight Brindisi's underhanded attempts to disenfranchise thousands of voters and potentially steal an election."
Brindisi defended his decision to request the impoundment, saying he wanted to make sure "every vote is counted and the process runs smoothly and fairly."
It is not unusual for a candidate to make a request to secure ballots in a close race, especially if a recount will likely be requested.
Absentee ballots in New York must be postmarked by Nov. 3, and received by Nov. 10 to be counted in this election.