NY-20: Murphy Up By 49, Columbia County Is 'Make Or Break' Says GOP

Question... (4.00 / 1)

I read somewhere that all ballot challenges must be taken before a judge & ruled on within three days.  If the three days pass, then the ballots are automatically opened.  Anyone know if this is true?

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by: GallatinDan @ Fri Apr 10, 2009 at 18:39:56 PM UTC

That IS indeed how it works. As long as both BoE commissioners voted (4.00 / 1)

to count them in the paper canvass.   After three days, the result of the two Commissioners' actions is carried out unless a judge says differently.  If they both voted to count them, they would be counted, if the split-ruled, or if both voted not to count them, then they are not counted ever unless a judge say so.

Generally: The commissioners' ruling stands unless a judge decides otherwise.

Anyone know what the BoElections commissioners' ruling has been on the absentees in Columbia?  It's hard to imagine the BoE NOT accepting absentee ballots that they must have decided were valid, when they obviously accepted the absentee application by mailing the ballots out in the first place.

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by: UpstateAlan @ Fri Apr 10, 2009 at 21:11:24 PM UTC

[ Parent ]

My understanding is that the Columbia BoE Commissioners have been split. (4.00 / 1)

So based on what you're saying, that means that the challenged ballots go into limbo?  For how long?  Is there any kind of time limit?

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by: GallatinDan @ Fri Apr 10, 2009 at 22:54:03 PM UTC

[ Parent ]

They started out agreeing, then split. (4.00 / 3)

The GOP Commissioner started out doing the right thing, then got taken outside by a Tedisco goon and he started toeing the party line. He didn't show up the next day, so his Deputy had to do the dirty work of upholding bogus challenges.

Note that a 1-1 tie goes to the voter.

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by: Hudson @ Fri Apr 10, 2009 at 22:58:14 PM UTC

[ Parent ]

And, as such, they will only be counted if ordered so by a judge. (0.00 / 0)

Within three days.

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by: UpstateAlan @ Fri Apr 10, 2009 at 23:11:03 PM UTC

[ Parent ]

are you sure about that one??? (0.00 / 0)

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by: UpstateAlan @ Fri Apr 10, 2009 at 23:11:47 PM UTC

[ Parent ]

As far as the three-day deadline... (4.00 / 1)

I can't find the citation in the infamously bizantine and contradictory Election Law. Anyone got a citation for this?

If there is such a deadline, my recollection that it is a deadline to file a formal appeal. I don't think the judge has to rule within three days.

The formal appeal has to set forth actual evidence and how the challenger came to know it. I believe it requires a signed affidavit; false information provided by a challenger would then be a misdemeanor...

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by: Hudson @ Fri Apr 10, 2009 at 23:00:12 PM UTC

[ Parent ]

If the commissioners are split... (4.00 / 2)

then a judge has to rule that the ballot should be counted, otherwise it doesn't count.

If the commissioners agree that the ballot is valid, but the challenger insists, then under something called the "O'Keefe rule" the ballot is counted, then put back in the envelope for a judge to take a look at it (and possibly invalidate it).

This info from a friend who was in Delaware and Otsego counties for a few days, and also worked on the Padavan/Gennaro challenges for the weeks of that count.

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by: Dan Jacoby @ Sat Apr 11, 2009 at 00:23:40 AM UTC

[ Parent ]

*** The Columbia numbers as they stand on Friday *** (4.00 / 1)

No counting occurred today. Here is where things stand so far, from a reliable source... The totals at the end of the day Thursday in Columbia were:

99 counted for Murphy;
42 counted for Tedisco;
83 challenged;
9 void;
16 out of 58 election districts complete.

Of the 83 challenged, at most a handful were lodged by Murphy.

I thus would expect Murphy to pick up 50-70 votes from these assuming they get opened. And we're less than 1/3 through the process. It is entirely possible that assuming the courts throw out these spurious challenges eventually, Murphy may come out of this with 150-250 more votes than Tedisco.

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by: Hudson @ Fri Apr 10, 2009 at 23:02:07 PM UTC

[ Parent ]

I sure hope a watchful eye is being kept on Saratoga. (4.00 / 1)

An eyebrow went way up when I saw how (A) that Saratoga's "changed" numbers had dramatically helped to bring Tedisco back into contention a couple days ago, and (B) that Saratoga is refusing to provide a running vote tally.

I'm no tinfoiler, but if there is going to be any funny business in this election, it will be there. I hope there is a strong watchdog effort going on.

I'm also curious if the Tedisco second-home strategy is also happening in Dutchess. There are a ton of weekenders there, too.

All in all, I would like to believe that Murphy's lead will grow large enough that the Tedisco challenges will become irrelevant. But I would prepare for a cage fight to the end here.

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by: Hudson @ Fri Apr 10, 2009 at 19:29:23 PM UTC

Attorneys at the BoE's paper canvass are certainly keeping a close and constant (4.00 / 1)

count amongst themselves.  Hopefully that will keep everything on the up-and-up.

Ballot handling on the other hand is always another question entirely.

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by: UpstateAlan @ Fri Apr 10, 2009 at 21:14:22 PM UTC

[ Parent ]

20th District Absentees (0.00 / 0)

By issuing so many challenges to absentee ballots, the Tedisco campaign is creating a pool of ballots that by defiition is going to break strongly for Murphy if and when they are opened, so Murphy's lead is being understated at the moment.  

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by: global yokel @ Fri Apr 10, 2009 at 21:49:41 PM UTC

Unless the Republican judge decides otherwise. (0.00 / 0)

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by: UpstateAlan @ Fri Apr 10, 2009 at 22:13:32 PM UTC

[ Parent ]

More coverage at Josh Marshall's "Talking Points Memo" (0.00 / 0)

TPM

http://tpmdc.talkingpointsmemo...

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by: Patriotic_Reader @ Sat Apr 11, 2009 at 18:16:26 PM UTC