The drama is over.
New York State Supreme Court Justice Scott DelConte ended the race for New York’s 22nd Congressional District.
Republican challenger Claudia Tenney defeated Democrat incumbent Anthony Brindisi.
The ruling represents the most definitive answer to who won in an election saga with many twists and turns, though it’s not entirely over yet. Democrat Anthony Brindisi has promised to appeal at the state court, and he could seek to contest the election results at the House of Representatives itself.
Tenney, of New Hartford, is ahead of Brindisi by 109 votes. She earned 156,099 votes to Brindisi’s 155,989.
State Supreme Court Justice Scott DelConte ruled that counties and the state elections board are to certify the election, rejecting an effort by Democrat Anthony Brindisi, who occupied the seat until November 2020, to keep the election unofficial until his appeal to a higher court concludes.
In ruling against Brindisi, DelConte argued that the Democrat did not provide enough evidence that certifying Tenney would cause “irreparable harm,” given that he still had a remedy at the federal level.
It’s not clear when Brindisi’s appeal will begin. His attorneys announced Friday morning that they will appeal DelConte’s rejection of several hundred ballots that Brindisi wanted counted.
I’ve documented this craziness for months. DelConte never held back:
In his ruling, DelConte criticized local elections boards for what he said amounted to “systemic violations of state and federal election law” that affected both candidates. In particular, he singled out Oneida County’s failure to process more than 2,400 applications from voters who registered via the DMV, which rendered them unable to vote on Election Day.
But it’s not the court’s role to fix those errors in this case, he said. That’s up to the state elections board, Gov. Andrew Cuomo and the United States Department of Justice.
The judge also took the opportunity to dispel the rumors that have swirled around the legal proceedings regarding the integrity of the election. While there were errors, he writes, there was no fraud. No dead people voted. There were no discrepancies in voting machines, he said.
“Every single valid vote that was cast in New York’s 22nd Congressional District has been accounted for, and counted,” he wrote.
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