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A New York Supreme Court judge on Wednesday ordered a review of more than 1,000 affidavit ballots in an upstate county with the nation’s last uncertified congressional race.
The ruling by Judge Scott DelConte is the latest road bump in tabulating the victory of the razor-thin race between Democratic Rep. Anthony Brindisi and his Republican challenger, Claudia Tenney.
Tenney leads Brindisi by just 29 votes.
DelConte ruled that affidavit ballots in Oneida County — the largest county in New York’s 22nd congressional district — are to be sent back to its election board and canvassed.
The judge, in his ruling, cited the Oneida County Board of Elections’ failure to process over 2,400 “timely-filed voter registrations” from people who registered at the Department of Motor Vehicles.
DelConte wants the Board to determine how many of the county’s 1,028 rejected affidavit ballots were cast by those voters whose registrations were not processed, thus subsequently denied.
Under the ruling, those affidavit ballots that were denied, will now count.
The court “cannot allow the Oneida County Board of Elections’ incomplete and improper canvass of affidavit ballots to compromise the true election results, nor to disenfranchise any voter,” DelConte wrote.
DelConte gave the Board until 6 p.m. Jan. 27 to report the results of their review.
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