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Republicans, Democrats file lawsuits over ballot count
Taghkanic candidates added to lawsuits as interveners
By Francesca Olsen
It’s going to be crowded Monday at the Columbia County Courthouse, due to the continuation of a saga over the validity of absentee ballots that has clutched the county for more than a week now.
According to representatives from the Columbia County Democratic party, the Democrats filed papers Monday as a response to Republican attorney John Ciampoli’s order to show cause against Democratic Commissioner of Elections Virginia Martin. The papers added Democratic party chair Chris Nolan to the lawsuit, with a date to show cause at 10 a.m. Monday at the Columbia County Courthouse.
Ciampoli filed the original order to show cause, along with a temporary restraining order naming Martin and the county Board of Elections as respondents on Nov. 17, during a disagreement over the order of towns’ absentee ballots to be counted that stalled the count for almost 12 hours. In the document, Ciampoli states that Martin knowingly and willfully acted to “obstruct and interfere with the lawful canvass of the votes” and that this “constitutes misconduct by an elections official.”
Judge Jonathan Nichols mandated that the count of absentee ballots begin Nov. 17. According to New York state election law, Nov. 17 was the last day to begin the absentee ballot count.
After the Democrats’ papers were filed Nov. 23, Ciampoli served them new papers, which added six Republican candidates from Taghkanic to the lawsuit as interveners.
Intervention is a legal procedure that allows parties that aren’t named as petitioners or respondents in court proceedings to join ongoing litigation.
According to Democratic party officials, Ciampoli has also asked for all other absentee ballots, outside of the town of Taghkanic, to be opened. Democrats had until 5 p.m. Monday to respond to Ciampoli’s papers; they did so by adding six corresponding Democratic candidates, including Democratic supervisor candidate Loretta Hoffmann, as interveners to the order to show cause.
Taghkanic Supervisor Betty Young, a Republican, confirmed that she was served papers Monday night relating to the Monday court date. She said that in her understanding, no ballots would be opened Monday, and that the court would set a date to do so.
Greg Fingar, chair of the Columbia County Republican party, said he didn’t know anything about the papers filed on Monday or about Ciampoli’s request for ballots outside of Taghkanic to be counted.
“I wasn’t CC’d (carbon-copied) on it,” he said. “I can’t say for sure ... the order to show cause is 30 pages long ... I don’t know everything that’s in there.”
Nolan response to Fingar’s statement was, “That’s a lie. That’s B.S. Along with all the B.S. they’ve been throwing around this whole time.”
Ciampoli did not return calls before press time.
According to representatives from the Columbia County Democratic party, the Democrats filed papers Monday as a response to Republican attorney John Ciampoli’s order to show cause against Democratic Commissioner of Elections Virginia Martin. The papers added Democratic party chair Chris Nolan to the lawsuit, with a date to show cause at 10 a.m. Monday at the Columbia County Courthouse.
Ciampoli filed the original order to show cause, along with a temporary restraining order naming Martin and the county Board of Elections as respondents on Nov. 17, during a disagreement over the order of towns’ absentee ballots to be counted that stalled the count for almost 12 hours. In the document, Ciampoli states that Martin knowingly and willfully acted to “obstruct and interfere with the lawful canvass of the votes” and that this “constitutes misconduct by an elections official.”
Judge Jonathan Nichols mandated that the count of absentee ballots begin Nov. 17. According to New York state election law, Nov. 17 was the last day to begin the absentee ballot count.
After the Democrats’ papers were filed Nov. 23, Ciampoli served them new papers, which added six Republican candidates from Taghkanic to the lawsuit as interveners.
Intervention is a legal procedure that allows parties that aren’t named as petitioners or respondents in court proceedings to join ongoing litigation.
According to Democratic party officials, Ciampoli has also asked for all other absentee ballots, outside of the town of Taghkanic, to be opened. Democrats had until 5 p.m. Monday to respond to Ciampoli’s papers; they did so by adding six corresponding Democratic candidates, including Democratic supervisor candidate Loretta Hoffmann, as interveners to the order to show cause.
Taghkanic Supervisor Betty Young, a Republican, confirmed that she was served papers Monday night relating to the Monday court date. She said that in her understanding, no ballots would be opened Monday, and that the court would set a date to do so.
Greg Fingar, chair of the Columbia County Republican party, said he didn’t know anything about the papers filed on Monday or about Ciampoli’s request for ballots outside of Taghkanic to be counted.
“I wasn’t CC’d (carbon-copied) on it,” he said. “I can’t say for sure ... the order to show cause is 30 pages long ... I don’t know everything that’s in there.”
Nolan response to Fingar’s statement was, “That’s a lie. That’s B.S. Along with all the B.S. they’ve been throwing around this whole time.”
Ciampoli did not return calls before press time.
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The following are comments from the readers. In no way do they represent the view of registerstar.com.
sampratt wrote on Nov 25, 2009 3:02 PM:
" The Democrats in the long run may actually thank the GOP for their strongarm tactics here -- because the people they've targeted with their gumshoes and lawyers will *never* vote Republican ever again. And they now will also donate heavily to the Dems. "
stonepound wrote on Nov 25, 2009 4:09 PM:
" It is bad enough that the republicans are trying to claim this is about second homes. They challenged lots of people with medial reasons. It makes me sick to see it. People that have give so much to our community and the republicans think they should not be allowed to vote. They have no respect for america. "
JFromKinderhook wrote on Nov 25, 2009 5:41 PM:
" Perhaps all of this is happening because Virginia Martin left the Board of Elections with her keys on November 17th, the last day to begin opening the ballots, forcing a judicial decision. Her selfish act of "taking her ball and going home" wasted the time of many people forcing themf to sit around the county office builing until well into the evening. How else to describe her actions that day than an attempt to interfer with the lawful canvass of votes.
When that is explained (swingbatter2?) I could then consider taking seriously all this talk of obstructing the right to vote. "
When that is explained (swingbatter2?) I could then consider taking seriously all this talk of obstructing the right to vote. "
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swingbatter2 wrote on Nov 25, 2009 8:49 AM: