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NY-20: All-purpose update thread

by: Hudson

Mon Apr 13, 2009 at 14:52:41 PM EDT


( - promoted by phillip anderson)

This just in:

B R E A K I N G

Allegations have arisen that Tedisco is targeting Jewish absentee voters who received their ballots in New York City and Florida:

Politico:

Most of the action was taking place in Columbia County, where Tedisco attorney James Walsh objected to nearly every absentee ballot that came from voters who own a residence in New York City or Florida.

[There is] a concerted effort from Tedisco's campaign to challenge the legality of ballots from voters who have their primary residence outside of the district.  According to Democratic figures, about 60 percent of the absentee ballot challenges came from Tedisco as of last Friday, and that number has shot up with today's rash of challenges.

The slew of challenges led Democrats in Columbia County accusing Tedisco of deliberately trying to disenfranchise Jewish voters, since many of the ballots from the city came from voters with last names like Cohen, Pollack and Rosengarten.

"My children are Jewish, and I'm offended by that," Walsh responded to the New York Observer.

A N D

Read this article, about the ratcheting up of phony "vote fraud" allegations from the Tedisco camp:

http://ccscoop.com/news/09apri...

Hudson :: NY-20: All-purpose update thread
I'm stuck home finishing my taxes, otherwise I'd be in Poughkeepsie liveblogging the court hearing in NY-20. But there are tidbits all over the web, and no doubt some people on the ground with fresh info, so I'm starting this all-purpose vote count diary:

BACKGROUND: The Tedisco legal team filed a suit to impound ballots even before the voting started on March 31st. This allowed them to choose the County in which the subsequent challenges would be heard, and they chose Dutchess County -- evidently because they liked the cut of the judges' jibs there better than other juridictions.

LIMITED COURT ACTION TODAY: According to The Albany Times-Union, though Judge Brands apparently fell sick today and is hospitalized, one of his clerks is hearing arguments today anyway:

Lawyers for both sides essentially restated the positions they have held all along. Murphy's lawyer, Henry Berger, said Tedisco's representatives are slowing the counting of absentee ballots unnecessarily by objecting to legitimate ballots. Berger said more than 600 ballots have been set aside for the judge to review due to challenges from either side - or, in the case of a few ballots, both sides.

Jim Walsh, a lawyer for Tedisco, said there was nothing wrong with being slow and careful. He also said election commissioners in Delaware and Essex counties violated a federal court order by opening military ballots, which according to the order cannot be opened until tomorrow.

LATEST VOTE COUNT: According to Talking Points Memo, the "official" margin as of Monday morning stands at Murphy +25, noting that:

"[T]he number is currently distorted by ballot challenges that appear to have kept a disproportionate number of Murphy votes out of the count."

WHAT'S UP IN SARATOGA? Posters at The Albany Project and elsewhere are wondering: Why is Saratoga County, the most Tedisco-friendly territory in the district, handling the vote count differently than all the others in the district?

Saratoga County is apparently not going to release any numbers until they are done counting.

TWITTER SEARCH: Here are links to people tweeting the following words: NY20, NY-20, Tedisco (I left out Murphy because it's not a unique enough name to produce useful results).

   -----===-----    -----===-----    -----===-----

UPDATE #1: According to The Poughkeepsie Journal, "So far, over 600 absentee, affidavit and other paper ballots have been challenged and set aside, according to Henry Berger, attorney for Murphy. [Judge] Brands will have to consider the ballots and decide what to do with them."

UPDATE #2: Politico reports that the Tedisco folks have been keeping their own count in Saratoga, claiming a pickup so far for Mister Disco of +121:

The Tedisco campaign, though, is releasing numbers from the still-ongoing absentee count in Saratoga County. Their count shows Tedisco netting 470 votes, Murphy gaining 351 votes - with 677 absentee ballots left to be counted. Saratoga County officials may be releasing an official tally later this afternoon, according to a county deputy elections commissioner.

UPDATE #3: Susan Barnett of Albany-based public radio affiliate WAMC has a mid-day report you can hear by clicking here. The report has several good nuggets:

1. There are about 10,000 absentees outstanding still;

2. The Republican legal team called for a count stoppage, but were unable to push that request due to Judge Brands' absence;

3. The Murphy team protested that since County Election Commissioners be present, as it made more counting imposible, and alleged that this was part of a Tedisco effort to slow down the count to gain some advantages.

UPDATE #4: Albany TV station Capital News 9 reports that Tedisco has raised more than $40,000 online to support his post-election legal battles... Donations can be made to the Murphy effort can be made via Act Blue, which shows Murphy with over $47,000 raised so far.

OK, let's hear what you're all hearing out there!

Crossposted at Kos.

Poll
Pick a number, any number... Who do you think will win
Murphy, by 200 or more votes
Murphy, by 100-199
Murphy, by 50-99
Murphy, by less than 50
Tie
Tedisco, by less than 50
Tedisco, by 50-99
Tedisco, by 100-199
Tedisco, by 200 or more votes

Results

Tags: , , , , , , (All Tags)
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I predict (4.00 / 1)
Murphy by 125 votes when all is said and done. Which may be a while.

Correct me if I'm wrong (4.00 / 3)
But based on those numbers from the Tedisco people, it still sounds like Murphy's overperforming in Saratoga.

I think you're right n/t (4.00 / 2)


[ Parent ]
Columbia County (4.00 / 4)
Columbia County did a limited amount of counting today, I've heard that the Tedisco people stuck with their pattern of challenging more than half of the absentee ballots, but that Murphy did well among those that were opened.

Everything the Tedisco campaign is doing sends the signal that they don't believe that they are in good shape with the outstanding absentees.  Why else would they be so interested in delay and obstruction?


Kudos, Hudson, for another great update, (4.00 / 1)
from someone who's also doing the tax return thing today.

As I see it, Murpy will win because the absentees challenged by Tedisco will mostly be counted, will overwhelmingly favor Murphy, and will be a good part of his ultimate margin of victory.

If Brands won't allow those absentees to be counted for partisan reasons, the Court of Appeals will correct him.


Thanks. Tedisco is playing a dangerous game. (4.00 / 1)
I doubt he can find a judge who will overturn years and years of precedence (going back to the early 80s, or before) about absentee ballots. But his attorneys are sure throwing a lot of spaghetti at the wall, hoping something sticks.

And the mere threat of following through on these challenges may have a chilling effect on absentee voting in our area. It needs to be combated, big time.


[ Parent ]
A bit more coverage (4.00 / 2)
GREAT job, Hudson!  I think you finally embarrassed the TU into providing at least a bit of rather lame coverage.  

Jimmy Vielkind of PolitickerNY (The  NY Observer)
http://www.politickerny.com/ta...
is doing a much nicer job of covering this than the TU
http://blogs.timesunion.com/ca...  



More on the TU Capitol Confidential coverage (0.00 / 0)
Is this a news story, or a human interest story featuring Diane Wade?  I know it was a long day, 5 hours of driving and all but...

Every time I see her, Saratoga's Republican Diane Wade has a mug in her hands that reads, "a woman's place is in the House, the Senate and the Oval Office."

Who cares?  Is Wade pretending that the Republican party is the party of women?  Since when?  Why is this arguably false message being carried in a supposed news story about vote counts?  

Jim Walsh, a lawyer for Tedisco, did most of the objecting in Hudson today...

...In all, the Columbia crew looked at 78 ballots

Most of?  By exactly what ratio?  How many ballots of each party were held for the courts by the end of the day?

Unlike Simon Cowell, he did not expand on his reasons for rejecting a voter, or tell the elections commissioners what evidence he had the voter was a liar.

Implying that Walsh DID provide evidence that the Democratic voters he challenged were liars?  Was the TU really there to see that Walsh focused on voters who just so happened to have Jewish names?  Or that his stated focus was voters with dual NY state addresses, which is perfectly legal in NY as long as a voter doesn't vote in more than one location-  which would have been impossible in this special election?  Is a voter being a liar a valid reason to dismiss the vote?  

If you ask the Democrats, that's because Tedisco is ahead in Saratoga County

I HAVE asked some Democrats, and that's not at all what they tell me.  Which ones did you ask?  

After the jump, check out a letter Tedisco sent to the U.S. Attorney General today

Why should I check it out?  Because it is disassociated with an election due to the 10th amendment of the US Constitution which prohibits the US Government from having any power over elections?  

" The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. "  

Could the reason the TU is having a difficult time be due to the fact that it's news reporters are neglecting the who, what, when, where, how, and why of news?  


[ Parent ]
From the Columbia County Dems, News Release (0.00 / 0)
For Immediate Release
Contact Ryan Rudominer, 518-796-0600
April 13, 2009

News Release

Before Walk Out, Tedisco Campaign Challenges More Votes in Columbia County Today Than Counted

Tedisco Campaign Blatantly Attempts to Disenfranchise Eligible Voters in Counties Favorable to Murphy on Election Day

Glens Falls, NY - On Monday, Scott Murphy's Campaign for Congress criticized Jim Tedisco's campaign for walking out without explanation today while absentee votes were supposed to be counted in Columbia County.

In Columbia County alone today, Tedisco's campaign questioned whether 38 voters had the right to vote, while Murphy only made one challenge. Due to Tedisco's stalling tactics, only 3 Election Districts out of 58 were able to be counted in Columbia County.

"We are deeply concerned that the Tedisco campaign is attempting to disenfranchise the voters of the 20th Congressional District," said Murphy's attorney Henry T. Berger. "The delays caused by Tedisco's frivolous challenges and attempts to disenfranchise voters are hurting the people of the 20th Congressional District. In Columbia County alone today, Tedisco's campaign made 38 challenges to our one before abruptly walking out on the voters. As a result of Tedisco's tactics, only 35 ballots were counted in the whole county today."

In the counties where Scott Murphy won, the Tedisco campaign has significantly slowed the absentee count down, including Columbia, Dutchess, Washington and Warren. In the counties where Tedisco won on Election Day - including Greene, Delaware, Otsego, and Rensselaer Counties - the domestic absentee count is complete.

"People deserve to have their votes counted without frivolous challenges and endless delays from the Tedisco campaign, so they can be represented in Congress as quickly as possible in these tough economic times," said Berger. "We are confident that once all the absentee ballots are counted, Scott Murphy will win this election."

The Associated Press reported in recent days that a vacant house seat in New York's 20th Congressional District is stalling 20th Congressional District stimulus funds. [Associated Press, 4/10/09]

Background
·        Before the polls even closed on Election Day, the Republicans filed a lawsuit to slow down the vote count.

·        In court, on Monday, April 6, 2009 Tedisco's campaign attempted to delay the counting of ballots until next week. The State Supreme Court sided with Scott Murphy's campaign and agreed that absentee ballots shall start being counted Wednesday, April 8 as scheduled.

·        In Columbia County -- which Murphy won on Election Day--absentee ballots started being counted today at 12:45 pm. Columbia County had agreed to count ballots until 6 pm today. At 4:20 p.m., Tedisco's people just got up and walked out. In that 3.5 hour time period, the Tedisco campaign made 38 challenges, while the Murphy campaign only made one.

                            # # #

-
Ryan Rudominer
Spokesman, Murphy for Congress


Lawsuit - 20th District (4.00 / 2)
In the court decision today that finally declared Al Franken the winner of the Senate race in Minnesota, the loser Coleman was ordered to pay a substantial share of Franken's huge legal expenses.  I don't have the bottom line number yet, but it could go over $1 million.

This is something the Murphy campaign should ask for if his race against Tedisco ends up in an extended court battle.


for best coverage go to www.minnpost.com (Star Trib is Coleman-biased) (0.00 / 0)
Minn election law is about the best in the country. Be interesting to see if this process will reveal weaknesses in NY's law.  

[ Parent ]
voters with multiple residences (4.00 / 3)
I wonder how John McCain copes with this issue?

By the time (0.00 / 0)
they get through counting all the ballots (including the insane amount that the Tedisco people are challenging), Murphy will win this by upwards of 300 votes.

Brendan Quinn is on Dicker now, (0.00 / 0)
and is quite negative about Tedisco's chances.

Quinn said it seems that Murphy's outworked Tedisco on absentees.


Now it's disenfranchisement of students (4.00 / 2)
Again, Jimmy Vielkind of PolitickerNY (NY Observer) leads the news.  (Where is The Times Union when the people of the district need them?)

Tedisco Camp Now Objects to Student Ballots
By Jimmy Vielkind

ALBANY-The Tedisco campaign is now also challenging ballots of students who come from outside the 20th Congressional District, many of whom attend Skidmore College in Saratoga Springs.

Yesterday, Republicans began objecting systematically to absentee ballots cast by voters who maintain second homes in some of the southern parts of the district, and Saratoga County Democratic Chairman Larry Bulman called late last night to say that several of the student ballots were being challenged on grounds that the students improperly claimed residency within the district.

(You might remember this issue from the Democratic presidential primary, where Barack Obama's mobilization of student voters was criticized by his opponents.)

More at
http://www.politickerny.com/30...  

Who's next?  Non-property owners?  Renters?  The poor?  Women?  

The law in NY is well established.  Only the voter can determine intent of residency.  So what are the Republicans up to?  MN, Frankin round 2.

1)  They are creating fuel for propaganda, not just talk radio propaganda, but an offsetting of knowledge that the TU isn't conveying.  They are establishing a set of untrue beliefs that neglect the law and facts.  That's what Republicans do best.  

2)  They are setting up court battles, which ultimately will serve no purpose but to further the agenda of #1.  (After all, if it has to go before a court to be decided, the Democrats must have been cheating, right?  Wrong, but the people don't know that, which is why the propaganda technique of creating illogical fallacies works so well.)

3)  Are they considering a violation of the 10th amendment, where they might carry this and MN all the way to Federal Court, as was the case in 2000 when the US Supreme court ruled over FL courts in elections, a matter reserved for the states?  After all, 2000 set precedent.  

4)  Are they creating a distraction from something else?  Perhaps the fact that Tedisco's best county uses DRE voting systems which aren't even certified for use in NY, and that maybe Dibold owns this election?  

Food for thought.


Great questions, there (4.00 / 1)
All of them reinforcing my thought about Tedisco and crew here: they know they have lost already, and are accomplishing various other nefarious Other Things.

[ Parent ]
Win or lose... (4.00 / 1)
... when they make hay to fuel propaganda, which has a HUGE impact on public opinion, they gain in the longer term.  While we are distracted over the election, Republicans are setting themselves up for the long term of gaining power and control in the future, any means to that end.  

"Propaganda" is a common enough word, but I don't know too many people who can properly define it.  It's defined by the intent as well as by the tactics employed, with that intent being to replace rational thought and fact based knowledge with an incorrect set of beliefs.  The site below does a nice job of describing the tactics of propaganda.  
http://www.propagandacritic.com/  


[ Parent ]
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