(WSYR-TV) — A State Supreme Court Justice began reviewing the first of hundreds of disputed ballots in the race for the 22nd Congressional District on Monday.
The final vote total may not come until the beginning of 2021, meaning the 22nd Congressional District may not have representation at the start of the new Congress, which is set to begin on Jan. 4, 2021.
Justice Scott DelConte heard arguments from lawyers for the campaign of Democrat Anthony Brindisi and Republican Claudia Tenney.
Late Monday afternoon, DelConte began hearing objections to about 200 disputed ballots in Madison County.
Tenney’s campaign wants the judge to toss 132 absentee ballots that were already counted because the Board of Elections didn’t save the envelopes containing the ballot.
Those envelopes contain the postmark and time stamp when they arrive at the board.
DelConte held off on a decision on those ballots as well as an effort by the Brindisi campaign to call voters and elections commissioners as witnesses, saying the ballots arrived on time.
He asked attorneys to send him briefings on the issue.
Earlier, he ruled on nine ballots in Oswego County, but it was not clear from the proceeding whether those disputed votes will count. And, if they do, it was unclear which candidate would receive them.
The judge didn’t rule on the nine disputed ballots in Herkimer County.
As of Monday evening, Tenney leads Brindisi by 19 votes.
The court proceedings had been delayed weeks because of mistakes by some of the eight Boards of Elections in the district keeping track of candidate’s objections to specific ballots.
This will continue on Tuesday at 8:30 a.m. DelConte expects this to go early into the new year.