OSWEGO, N.Y. — Judge Scott DelConte had sharp words Monday for both sides in a court hearing that could decide whether Republican Claudia Tenney will defeat incumbent Anthony Brindisi in New York’s 22nd Congressional District.
More than a month after election day, DelConte is considering how to proceed with an election so far marked by errors and delay. The issues with various counties’ attempts at counting arose over two days of hearings about what the judge should do with 809 contested ballots.
Brindisi, a Democrat, is asking for a partial recount after, for example, Oneida County election officials admitted losing track of disputed ballots that had been marked with sticky notes. Those notes apparently fell off the ballots before a court hearing.
Tenney’s lawyers are asking the judge to order counties to certify the election now, cementing her lead of just 12 votes in an election where more than 318,000 votes were cast. This is the only election still contested of all 435 Congressional Districts.
DelConte heard arguments for about an hour on Monday from attorneys for both parties.
He announced that he will soon issue his written ruling. But his line of questioning during the hearing gave some insight into problems he sees with both candidates’ arguments.
Though he has not ruled, DelConte suggested that Tenney’s lawyers were trying to get the judge to order results to stand that they know are inaccurate. At the same time, he suggested that Brindisi’s attorneys are asking only for recounts in counties or precincts that they deemed to be a political advantage to Brindisi.
Tenney’s attorney Paul Derohannesian argued that DelConte had no legal authority to rule on the validity of dozens of ballots where election officials failed to note the reasons why they were challenged. In addition, it’s unclear whether a handful of ballots in Oneida County were counted or not, which is impossible to remedy, he argued.
However, DelConte responded that he had the right to order counties to correct errors they made if possible.
“The one thing that I’m supposed to do is make sure that others follow the law,” DelConte said. “It seems to me that your argument is: ‘There’s so many problems here. There’s so many issues here that you have to certify the results.’ Isn’t that what you’re saying?”
Derohannesian denied that that’s what he was saying. But the judge soonafter moved to Brindisi’s attorneys.
Bruce Spiva, Brindisi’s attorney, has argued that even though the county election boards have been inconsistent and sometimes incompetent in their tabulation of ballots, determining the true winner is still possible based on notes Brindisi’s campaign made when it contested the ballots and via partial recounts.
DelConte suggested a partial recount wouldn’t cut it and accused Brindisi’s lawyers of asking for a recount only in areas that might benefit him politically.
“That’s the problem with your argument,” DelConte said. “You pick and choose what errors you want fixed.”
Spiva responded that a full recount of the ballots would amount to “throwing the baby out with the bathwater.”
A full recanvass would take unnecessarily long and potentially deny the 22nd Congressional District representation when the new Congress convenes early next year, he said.
“I think the downsides outweigh the positive of ordering a full recanvass,” Spiva said.
DelConte said he understood both campaigns’ strategies, but they weren’t convincing him. Also, he is obligated to maintain public confidence in the election, he said.
“None of the lawyers here want to win a lawsuit, they want to win an election,” he said. “But the role of the court here as I see is to make sure that everyone follows the law.”
A clerk for DelConte said Monday afternoon that it’s not clear when the judge might issue a ruling. DelConte said only that it would come “very soon.”
MORE ON THE NY22 Election
New complication for Brindisi-Tenney House race: Election worker has coronavirus
Brindisi-Tenney House race exposes New York’s election dysfunction
Claudia Tenney asks judge to dismiss lawsuit, declare her winner over Rep. Anthony Brindisi
Brindisi-Tenney election could be decided by 809 disputed ballots
Chenango County finds 55 uncounted votes in Brindisi-Tenney House race
Tenney leads Brindisi by 12 in first official vote count in House election
NY-22 race shrouded in secrecy, confusion as campaigns battle over ballots
Contact reporter Patrick Lohmann at (315)766-6670.
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Still no ruling in Brindisi-Tenney election, but judge’s comments give hints about what could come next - syracuse.com
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