A New York justice took action after the U.S. House race in New York’s 22nd District has come down to just a handful of votes. According to Monday’s most recent numbers, Republican Claudia Tenney appeared to have the lead over Democrat incumbent Anthony J. Brindisi in the U.S. House race in New York’s 22nd District by just 12 votes.
Whiplash: now it's Claudia Tenney (R) back ahead of Rep. Anthony Brindisi (D) by 12 votes in #NY22 after Herkimer Co. revises its count. Legal fight far from over. https://t.co/kxgFrbRGjI
— Dave Wasserman (@Redistrict) November 30, 2020
Due to the closeness of the race and shifting vote totals during vote checks, New York Justice Scott DelConte has ordered that all eight counties in the district must preserve all “worksheets, tally sheets, spreadsheets or any other election tallying records, whether formal or informal.”
In addition, DelConte also ordered that all county boards of elections must submit “final” reports of their original counts of “all” ballots for the House race by 4 p.m. on Monday.
This is a screenshot of Justice DelConte’s order to all parties involved. The justice is not happy with the BOEs.
“These communications raise additional, very serious concerns to the Court about the pending judicial review of the challenged ballots in this Congressional race.” pic.twitter.com/TgVCi5Atgh
— Josh Rosenblatt (@JRosenblattTV) November 30, 2020
According to Josh Rosenblatt, a reporter for WBNG12, DelConte appeared fed up with the situation and claimed that counting disputes in at least two counties including Herkimer and Madison, as well as concerns from both candidates about the voting updates, deadline, and recount viability, pushed him over the edge to issue the orders.
DelConte’s orders follow the Herkimer County Board of Elections’ updated vote totals after transcribing errors, granting Tenney 35 more votes and Brindisi 10 more. There were also changes in vote totals in Madison County.
“These communications raise additional, very serious concerns to the Court about the pending judicial review of the challenged ballots in this Congressional race,” DelConte said.
Justice DelConte’s 1st & 2nd orders relate to the preservation of all “worksheets, tally sheets, spreadsheets or any other election tallying records, whether formal or informal”.
Basically, after we’ve seen so many counting and reporting errors, the judge wants all of the math.
— Josh Rosenblatt (@JRosenblattTV) November 30, 2020
The 4th and final order pushes the deadlines for all the various legal filings by two business days.
The next appearance in court will be Monday, December 7th at 1pm.
— Josh Rosenblatt (@JRosenblattTV) November 30, 2020
These orders also follow Tenney’s motion for the county boards of elections to certify the election results in Oswego County Supreme Court on Monday.
“Our campaign is committed to seeing that all — and only — legal votes count,” Tenney spokesman Sean Kennedy said. “The voters’ will must be respected and the integrity of the election process maintained. We are confident Claudia will emerge the winner when all is said and done.”
DelConte previously issued an injunction stopping the certification of any votes by the county board of elections without the court’s permission.
Brindisi campaign spokesman Luke Jackson also issued a statement anticipating a victory for the incumbent.
“The integrity of the election and maintaining a count that ensures the voters of this district are heard is of the utmost importance,” Jackson said. “As this process continues to play out, we are hopeful that once the counting process is completed, Anthony will be declared the winner.”
DelConte also ordered that oral arguments be heard early next week on Dec. 7 in Oswego County Supreme Court.
