The lead for #NY22 changes every single day. Now Republican challenger Claudia Tenney leads Democrat incumbent Anthony Brindisi in the final vote.

But the winner will likely come from the 2,200 affidavit ballots both parties rejected and 270 absentee ballots.

Brindisi held a 13 vote lead over Tenney right before Thanksgiving.

Herkimer County discovered an “error in its unofficial vote count,” which gave Tenney “an additional 35 votes” and Brindisi got 10 more votes.

Justice Scott DelConte has had enough of the Board of Elections (BOE)
in each county because no one can get its act together.

What’s next?

Those 2,500 affidavit and absentee ballots:

DelConte had ordered election officials to count at least 270 challenged absentee ballots, pending review. But more than 2,200 affidavit ballots jointly rejected by Democratic and Republican commissioners in each of the eight counties were not counted.

Brindisi’s campaign has disputed some of the county rulings on affidavit ballots.

DelConte has asked the Brindisi and Tenney campaigns to submit written arguments over how to handle the disputed absentee and affidavit ballots by 4 p.m. Wednesday.

The judge today ordered that the next public hearing in the case will be 1 p.m. Monday, Dec. 7.

The New York State Supreme Court of Oswego County is handling this lawsuit, but it is not the highest court in New York. It is actually “one of several courts at the lowest level of the state civil courts.” If appealed, it goes to the Appellate Division of the Supreme Court.

A decision from the New York State Court of Appeals, the highest court in the state, “would have to be directly appealed to” SCOTUS.


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