Now might be a good time to discuss the court structure in NY.
The current lawsuit the #NY22 updates are coming from is being handled by the NYS Supreme Court of Oswego County and Justice Scott DelConte.
Despite its name, this is actually not the highest court in NY 1/
NY divides its court structure into two sections: criminal courts and civil courts.
The State Supreme Court is one of several courts at the lowest level of the state civil courts. 2/
If any of Justice Scott DelConte’s rulings are appealed, they would be appealed to the Appellate Division of the Supreme Court.
This court has a higher ruling than Justice DelConte, but is still not the highest court in NY. 3/
If the Appellate Division of the Supreme Court issues a ruling which gets appealed, it would be decided by the NY Court of Appeals.
This is the highest court in our state, capable of overruling any other court’s rulings or decisions. It covers civil and criminal cases. 4/
That covers all state courts. If the NY Court of Appeals gets appealed, we enter the federal court system, starting with the U.S. District Court for the Northern District of NY.
The court has offices in Binghamton and Utica and encompasses all 8 #NY22 counties. 5/
If a US District Court ruling is appealed, we would go to the US Circuit Courts. We are under the jurisdiction of the US Court of Appeals for the Second Circuit.
There’s only one higher authority left in the nation after this. 6/
If by some crazy twist of fate we make it all the way to an appeal of the 2nd Circuit Court ruling, it would be appealed to the Supreme Court of the United States (SCOTUS).
Short of an intervention by the US House of Representatives, this ruling would be the final decision.
NY has a very weird court system, and I understand the names are confusing.
But this lays our path forward if we ever leave Justice DelConte’s courtroom 8/8
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If you’ve noticed, I’ve only really tweeted about the R and D in #NY22 so far. Sometimes other votes weren’t reported, sometimes I was just so focused on the candidates vying for the lead.
Here is a short thread about everyone who didn’t vote for Tenney or Brindisi in #NY22 1/
First and foremost is the Libertarian candidate Keith Price. As of the most recent count, he has received 6755 votes.
Although that may not be a ton of votes compared to the two traditional candidates (~155k each), it is currently 560X larger than the 12 vote gap in this race!
NY breaks up the other types of votes in three categories: write-in, void and blank.
Only five of the eight counties submitted some of this data; four of them submitted all of it. 3/
BREAKING: All 8 #NY22 counties have submitted their final unofficial counts. @claudiatenney now has 155492 votes, @RepBrindisi now has 155480 votes.
While three counties revised their count, the end result is Tenney leads Brindisi by 12 votes total @WBNG12News
Thread ⬇️ 1/
Broome, Chenango, Cortland, Oneida, and Tioga counties all made no revisions to their unofficial total they provided last Wednesday. 2/
Herkimer provided new numbers: 13687 for Tenney, 10130 for Brindisi. This is an additional 40 votes for the R, and 29 for the D for a net Tenney gain of 11.
However, if you look at the numbers below, their are certain oddities with the data I’ll point out below. 3/
WOW: A scathing order from Justice DelConte shakes things up in the race for #NY22
1) All counties must preserve their math for the vote counts after errors in Madison & Herkimer.
2) All counties must provide a new total count to the court by 4
Short thread breaking it down ⬇️
This is a screenshot of Justice DelConte’s order to all parties involved. The justice is not happy with the BOEs.
“These communications raise additional, very serious concerns to the Court about the pending judicial review of the challenged ballots in this Congressional race.”
Let’s break this down piece-by-piece.
The justice cited 4 reasons for these actions: the updated Herkimer count; Brindisi concerns about that update; changes to the Madison count; Tenney concerns over deadline and recount viability.
BREAKING: According to the vote counts I obtained, I can confirm @RepBrindisi now has 155435 votes, @claudiatenney has 155422 votes.
Almost unbelievably, Brindisi now leads Tenney by just 13 votes in #NY22@WBNG12News
A short word about these numbers: these were the counts that the various county BOEs submitted to Justice DelConte yesterday and today that I obtained. I’ll have a county by county breakdown below ⬇️
BROOME: Broome County’s updated total have Brindisi with 50713 votes, Tenney with 36595. This includes 112 new votes for the Dem, 257 for the Rep.
REVISION: Just got off the phone with election officials in 7 of the 8 counties. With minor revisions, @claudiatenney now has 153,228 votes, @RepBrindisi has 151,045. This makes the gap 2,183 in #NY22
Short thread with where each county currently stands below ⬇️ @WBNG12News
Broome County election officials say there are ~100 uncounted ballots remaining. There are 100-200 that have been challenged, but those are in the count. If the courts rule against them, they will be taken out of the count. Potential for the # uncounted to slightly increase.
Chenango County is the one to watch today! Election officials confirmed to me their absentee count began this morning; expecting the results of ~4800 votes.
MAJOR UPDATE: 6,659 ballots from Oneida, Madison and Herkimer Counties. @RepBrindisi received 4814 compared to @claudiatenney's 1845, about a 72-28 two-way split. This lowers the gap by 2,969 votes. Short thread below with the latest math in #NY22
Herkimer County reported the first results of its absentee ballots: 3,469 votes. Brindisi received 2,367 while Tenney received 1,102. This is a 68-32 two-way split, and I still expect more ballots to be counted in the county.
Madison county reported an additional 1,055 votes. Brindisi received 763, Tenney 292. This is a 72-28 two-way split for the entire county now. I don't expect a ton more absentees from Madison.