12 more uncounted ballots have been found in the NY-22 House race where Republican Claudia Tenney leads by only 12 votes.
New York State Supreme Court Justice Scott DelConte said Monday these 12 additional ballots were found in a drawer in rural Chenango County last week.
Last week, officials also found an additional 55 votes in the same county, of which 44 appear to be legal votes, and 11 were cast by unregistered voters.
Per Fox News “Tenney’s team have argued the judge should certify the election results as they currently stand, which would establish the Republican candidate as representative-elect. Her attorneys argue the court does not have the authority to determine whether the ballots should count.”
I’ll start with the Tenney team, as it’s the much more straightforward.
She currently leads by 12 votes, and has asked the judge to allow the counties to certify that result.
NY certified the rest of its elections in Nov, but the justice stopped this race from certification 3/
— Josh Rosenblatt (@JRosenblattTV) December 6, 2020
Certification needs to happen regardless; Tenney is asking for it to happen now.
Brindisi’s legal team is asking for the many problems we’ve seen so far be fixed before we enter that process 5/
— Josh Rosenblatt (@JRosenblattTV) December 6, 2020
In Oneida County, both Elections Commissioners testified they attached sticky notes to each ballot indicating this info.
Who could’ve guessed sticky notes could potentially come off during transit??
Now, there is an unknown number of ballots w/o stickies causing chaos 7/
— Josh Rosenblatt (@JRosenblattTV) December 6, 2020
So what exactly is the Brindisi strategy? Essentially, his team has asked the court to help fix all of these individual errors to discover the “true” numbers before the counties certify.
Tenney’s stance is these errors are too severe, and the court has no ability to fix them 9/
— Josh Rosenblatt (@JRosenblattTV) December 6, 2020
Another very real possibility is the justice decides to go in a different direction than the two have proposed altogether.
He has shown he’s not afraid of unilateral action, such as when he forced all of the counties to produce a new, final, unofficial vote count 11/
— Josh Rosenblatt (@JRosenblattTV) December 6, 2020
However, the new law will mandate every election within .5% will go to an automatic recount.
Considering this election is more than 10x closer than that, hard to see us not going to a full recount at some point.
Interesting to note the Brindisi campaign asked to avoid this 13/
— Josh Rosenblatt (@JRosenblattTV) December 6, 2020
All this to say, the justice could issue a huge ruling Monday, he could issue a smaller one or he could not issue a ruling at all.
Either way, #NY22 won’t end tomorrow. 15/15
— Josh Rosenblatt (@JRosenblattTV) December 6, 2020