Next highest court allows NY-22’s latest ballot count to continue; updated numbers now due Friday

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Oswego County State Supreme Court Justice Scott DelConte, seen in a video stream from court, examines a ballot marked with a sticky note.

ROCHESTER, N.Y. (WSYR-TV) — New York’s second-highest level of civil court, the Appellate Division, will allow the lower-level Supreme Court’s ruling to count more ballots in Oneida County to continue.

This week, the Oneida County Board of Elections is reconsidering more than 1,000 ballots that were rejected by the elections commissioners because the voters weren’t apparently registered.

Hearings in court revealed those voters weren’t considered registered because the Board of Elections staff failed to finish the registration process after the people filled out the application electronically through the DMV website.

This ruling, impacting up to 1,000 ballots or more, goes far and beyond what either team of attorneys was requesting.

Attorneys for Anthony Brindisi wanted 69 of the ballots to be reviewed, as they were the only ones challenged in real-time. Claudia Tenney, whose attorneys didn’t want any of these ballots to be reconsidered, accused Brindisi of cherry-picking votes that only favor him.

Brindisi’s team asked the higher court to “stay” the order, basically pause the new count, but the higher judge declined.

New vote totals for each candidate, based on ballots involved in this ruling, were due Wednesday until State Supreme Court Justice Scott DelConte extended the deadline to Friday.

Attorneys for Oneida County asked for more time so the Board of Elections could move its operation to a bigger location to allow more space for COVID-related safety.

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