Judge pauses finalizing NY-22 results with Tenney lead to consider Brindisi’s request for audit of votes

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OSWEGO, N.Y. (WSYR-TV) — State Supreme Court Justice Scott DelConte paused his own order for all boards of elections to certify their latest results on Tuesday, so legal teams for both campaigns can build arguments for or against Democrat Anthony Brindisi’s requested “hand audit” of ballots.

A “hand audit” could leave open the possibility of a full recount.

In court paperwork, Brindisi’s team alleges: “Substantial errors and irregularities in the conduct
of the election have come to light. As these proceedings have continued, that evidence has only
mounted… As a result, a hand audit is warranted under New York law and should be immediately ordered.”

Judge DelConte didn’t rule on the proposed audit, instead of pausing the complete certification on the grounds that this case will likely be elevated to a higher level of court and he doesn’t want a candidate sent to Washington only to have that candidate be called back.

DelConte’s order for seven counties to finalize results Tuesday still holds, but he’s ordered Oneida County’s election commissioners to finish their work but stop just short of certification.

In Monday’s court hearings, each county board of elections did an updated canvass of ballots that were ruled either valid or invalid by Justice Scott DelConte on Friday.

Friday’s ruling was a blow to Brindisi’s hopes that batches of dozen ballots, challenged by the campaigns during the initial canvass after Election Day, would be ultimately counted.

The latest unofficial count has Republican Claudia Tenney ahead by 122 votes, a lead likely insurmountable by the handful of challenged ballots that will be updated for Tuesday’s partial certification.

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