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Vote count continues despite Tedisco’s lawyer’s objections
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| Democratic Election Commissioner Virginia Martin resets the stopwatch she was using to keep track of the amount of time that was spent studying each ballot before either accepting or rejecting it. (Robert Ragaini/Hudson-Catskill Newspapers) |
By Jamie Larson
COLUMBIA COUNTY — The third day of Columbia County absentee ballot counting in the 20th Congressional District special election between Democrat Scott Murphy and Republican James Tedisco started off Monday morning with confusion and miscommunication at the Dutchess County Supreme Courthouse in Poughkeepsie, and ended abruptly with a shouting match between Democratic and Republican officials at the Columbia County Office Building at 401 State St. in Hudson Monday afternoon.
While drama overshadowed the numbers Monday, three election districts — from Copake and Clermont — were evaluated, with Murphy gaining a little more ground in the county. Vote counters looked at 78 ballots total, 22 cast for Murphy, 13 for Tedisco, 39 votes were challenged, three were voided due to voter error, and one was left blank. Nineteen Columbia County districts have been counted to date and returns show Murphy leading 121 absentee votes to Tedisco’s 55.
Since the process began last week, 122 votes have been challenged, with the majority coming from the Republican side of the table. One-hundred and nine votes have been challenged by the Republicans, with only 12 being challenged by the Democrats. One vote was challenged by both sides.
Election Lawyers and officials, including those from the Columbia County Board of Elections, met Monday morning at the Dutchess County Supreme Court to address concerns related to the counting of ballots in the too-close-to-call special election to fill the vacated seat of Sen. Kirsten Gillibrand.
Tedisco lawyers asked for the emergency court session, in front of Judge James V. Brand, because, as lawyer James Walsh stated, “confusion has arisen on both the preservation of the objected-to ballots, as well as the treatment of military ballots.”
One relevant party was missing from the courtroom however — Judge Brand. Officials were informed after arriving at the courthouse that Brand would not be able to appear due to a medical issue.
So despite the Tedisco campaign’s efforts to halt the counting of ballots until a legal clarification could be obtained, counting resumed at 1 p.m. in Hudson.
Interest in the outcome of Columbia County’s ballots has become a hot topic in the race, as many ballots belonging to county homeowners that also have a home elsewhere, like New York City, are being challenged almost automatically by the Tedisco campaign. Last Thursday, Tedisco Attorney David Nolen called the outcome of the count in Columbia County “make or break.”
Tempers flared shortly after 4 p.m. Monday, when, as the Tedisco camp began putting on their coats, Board of Elections Democratic Commissioner Virginia Martin called for another election district’s worth of votes to begin being counted. Republican Deputy Commissioner Michael Nabozny, filling in for Commissioner Donald Kline who is away on vacation, responded that they had already decided they would stop counting at 4 p.m. — normal closing time for the County Office Building. Martin tried to argue that the officials and election workers all understood that they would be putting in overtime to get all the counting done. Nabozny said he had consulted with Kline, and they were done for the day.
Lead Attorney for the Murphy campaign Thomas Garry appeared surprised and angered by the decision. “That’s outrageous,” Garry shouted, then asked Nabozny, “were you advised by the commissioner or the Tedisco campaign? I’d like to know who you’ve spoken to. ... You are mistaken if you think they are going to protect you when this is over. They will throw you out like road kill when this is done, like every other local commissioner.”
Tedisco’s lawyer, Walsh, said he wasn’t going to respond to Garry’s accusations and that they would be following the direction of the Republican commissioner. “You’re doing this to play to the press,” Walsh said to Garry, “that’s grandstanding.”
“We want to make sure all votes are counted accurately,” Walsh said.
“Why don’t we stay and count them then?” Garry asked.
Garry asked Walsh if working 1 to 4:20 p.m. was representative of the work ethic Tedisco would bring to Washington. Walsh responded that he was not casting any aspersions on Murphy in his comments and said Garry should show the same respect to Tedisco. Garry said Walsh was right on that point and apologized for the jab. Before Garry could get his next word out, Walsh said, “I accept your apology,” then turned on his heels and left the room.
Outside in the hallway, Walsh said that the Murphy campaign is trying to squeeze through as many ballots as possible before they can be thrown out by a judge. The attorney said he believes that a large percentage of the absentees are from people who live in New York City and are interested in influencing a local election, but wouldn’t speculate on the motivation of such a person.
Though Tedisco’s lawyers plan is to challenge ballots from voters registered to their “second residency,” unless there is an additional issue, they will have to rely on a judge’s interpretation of a “residence.” According to election law 5-102 and 1-104(22), a residence is defined as “that place where a person maintains a fixed, permanent and principal home and to which he, wherever temporarily located, always intends to return.”
There is substantial legal precedent for secondary residence votes being upheld in New York State Supreme Court rulings. In the 1983 case of Ferguson vs. McNab, the state ruled that “a person having two residences ‘may choose one to which she has legitimate, significant and continuing attachments as her residence for purposes of the Election Law.’”
In the more current, 2008 appellate case, Willkie v. Board of Elections, the court held that the principle stated in the 1983 decision protects the legitimacy of votes cast by weekenders, or second homeowners, who chose to vote from their country home.
After the confusion subsided at 401 State St., Martin said she and Nabozny met and decided that vote counting will last until 5:30 p.m. today.
Military ballots are scheduled to begin being counted today, but the timing of the inclusion is still being evaluated.
While drama overshadowed the numbers Monday, three election districts — from Copake and Clermont — were evaluated, with Murphy gaining a little more ground in the county. Vote counters looked at 78 ballots total, 22 cast for Murphy, 13 for Tedisco, 39 votes were challenged, three were voided due to voter error, and one was left blank. Nineteen Columbia County districts have been counted to date and returns show Murphy leading 121 absentee votes to Tedisco’s 55.
Since the process began last week, 122 votes have been challenged, with the majority coming from the Republican side of the table. One-hundred and nine votes have been challenged by the Republicans, with only 12 being challenged by the Democrats. One vote was challenged by both sides.
Election Lawyers and officials, including those from the Columbia County Board of Elections, met Monday morning at the Dutchess County Supreme Court to address concerns related to the counting of ballots in the too-close-to-call special election to fill the vacated seat of Sen. Kirsten Gillibrand.
Tedisco lawyers asked for the emergency court session, in front of Judge James V. Brand, because, as lawyer James Walsh stated, “confusion has arisen on both the preservation of the objected-to ballots, as well as the treatment of military ballots.”
One relevant party was missing from the courtroom however — Judge Brand. Officials were informed after arriving at the courthouse that Brand would not be able to appear due to a medical issue.
So despite the Tedisco campaign’s efforts to halt the counting of ballots until a legal clarification could be obtained, counting resumed at 1 p.m. in Hudson.
Interest in the outcome of Columbia County’s ballots has become a hot topic in the race, as many ballots belonging to county homeowners that also have a home elsewhere, like New York City, are being challenged almost automatically by the Tedisco campaign. Last Thursday, Tedisco Attorney David Nolen called the outcome of the count in Columbia County “make or break.”
Tempers flared shortly after 4 p.m. Monday, when, as the Tedisco camp began putting on their coats, Board of Elections Democratic Commissioner Virginia Martin called for another election district’s worth of votes to begin being counted. Republican Deputy Commissioner Michael Nabozny, filling in for Commissioner Donald Kline who is away on vacation, responded that they had already decided they would stop counting at 4 p.m. — normal closing time for the County Office Building. Martin tried to argue that the officials and election workers all understood that they would be putting in overtime to get all the counting done. Nabozny said he had consulted with Kline, and they were done for the day.
Lead Attorney for the Murphy campaign Thomas Garry appeared surprised and angered by the decision. “That’s outrageous,” Garry shouted, then asked Nabozny, “were you advised by the commissioner or the Tedisco campaign? I’d like to know who you’ve spoken to. ... You are mistaken if you think they are going to protect you when this is over. They will throw you out like road kill when this is done, like every other local commissioner.”
Tedisco’s lawyer, Walsh, said he wasn’t going to respond to Garry’s accusations and that they would be following the direction of the Republican commissioner. “You’re doing this to play to the press,” Walsh said to Garry, “that’s grandstanding.”
“We want to make sure all votes are counted accurately,” Walsh said.
“Why don’t we stay and count them then?” Garry asked.
Garry asked Walsh if working 1 to 4:20 p.m. was representative of the work ethic Tedisco would bring to Washington. Walsh responded that he was not casting any aspersions on Murphy in his comments and said Garry should show the same respect to Tedisco. Garry said Walsh was right on that point and apologized for the jab. Before Garry could get his next word out, Walsh said, “I accept your apology,” then turned on his heels and left the room.
Outside in the hallway, Walsh said that the Murphy campaign is trying to squeeze through as many ballots as possible before they can be thrown out by a judge. The attorney said he believes that a large percentage of the absentees are from people who live in New York City and are interested in influencing a local election, but wouldn’t speculate on the motivation of such a person.
Though Tedisco’s lawyers plan is to challenge ballots from voters registered to their “second residency,” unless there is an additional issue, they will have to rely on a judge’s interpretation of a “residence.” According to election law 5-102 and 1-104(22), a residence is defined as “that place where a person maintains a fixed, permanent and principal home and to which he, wherever temporarily located, always intends to return.”
There is substantial legal precedent for secondary residence votes being upheld in New York State Supreme Court rulings. In the 1983 case of Ferguson vs. McNab, the state ruled that “a person having two residences ‘may choose one to which she has legitimate, significant and continuing attachments as her residence for purposes of the Election Law.’”
In the more current, 2008 appellate case, Willkie v. Board of Elections, the court held that the principle stated in the 1983 decision protects the legitimacy of votes cast by weekenders, or second homeowners, who chose to vote from their country home.
After the confusion subsided at 401 State St., Martin said she and Nabozny met and decided that vote counting will last until 5:30 p.m. today.
Military ballots are scheduled to begin being counted today, but the timing of the inclusion is still being evaluated.
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