Attorneys representing Jim Tedisco and Scott Murphy met in court today to argue over a procedure for recanvassing voting machines and counting absentee ballots in the neck-and-neck race to replace Kirsten Gillibrand in Congress.
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Brands may also rule on whether a federal stipulation stating no military and overseas ballots can be counted before April 13 applies to ballots cast by voters living in the United States.
Henry Berger, an attorney representing Murphy, argued that the counting of absentee ballots already cast and received by boards-there are about 6,000-should not be delayed by the rule. He said his campaign is ready to start counting absentee ballots-if necessary, in all 10 counties-by tomorrow.
"We're ready to do it tomorrow or Wednesday," he said. "We will provide the staff and make sure we have people available in each of the 10 counties."
Republicans argued that no absentee counting should take place until the 13th.
"We think the count ought to be done fairly, we think every vote should count," said James Walsh, who, along with Michael Cuevas, represented Tedisco. "I don't think quick justice is good justice and I don't think quick counting is good counting."
The hearing was forced by John Ciampoli, who, on behalf of the Republican State Committee obtained an injunction impounding all paper ballots cast in the race.
It looks increasingly obvious what the Tedisco/Stone/Ciampoli game plan is. They are trying to delay the counting of absentee votes while they build a list of paper ballots to challenge. It will be much harder for them to challenge those ballots once they are opened and counted, so they are looking to delay that for as long as possible so that they can prepare a list of names to challenge before those ballots ever see the light of day.
