Hearing Monday in Latest Legal Fight Over Who Has Won #NY-22 Congressional Race With Candidates Now Separated by 12 Votes

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State Supreme Court Justice Scott DelConte has scheduled a hearing for 1 p.m. Monday in Oswego to determine the next step in sorting out who won the election a month ago for the seat in Congress representing New York’s 22nd District.

The judge will hear from legal teams representing first-term incumbent Anthony Brindisi of Utica and challenger former Republican member of Congress Claudia Tenney.

Tenney’s lawyers filed a motion this week asking DelConte to basically end the case by directing each of the eight county election boards to report certified results to the state Board of Elections. As tallied so far, Tenney would win by 12 votes.

The lawyers say it is impossible to say whether certain ballots were included in the counts the boards have provided because many ballots lack proper documentation. Oneida County election officials told the judge earlier that they put sticky notes on objected-to ballots only to have many ballots lose the notes. They cited previous court rulings in New York supporting their contention….

Brindisi’s team, led by Martin Connor of Brooklyn, contends that state election statutes and case law allow the judge to have the election boards correct mistakes made in recording objections to ballots and just which ballots have been counted. In their memorandum, the Brindisi lawyers cite a 1925 Oneida County case where the court held the court has jurisdiction even if the statement of canvass listed no void or challenged ballots but where witnesses established that votes were challenged.

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