BREAKDOWN: In 6 legal filings today, both the @claudiatenney and @RepBrindisi campaigns lay out clear, but very different paths forward for #NY22
This is a thread of all of their arguments, and why they matter to the future of this race ⬇️ 1/
First things first, there are three different types of documents submitted: affirmations, orders to show cause and memorandums of law.
While they work hand-in-hand, each serves a slightly different purpose. 2/
The affirmations are the most basic of the three. They essentially assert what the lawyers are arguing should happen, and basic proof for why they feel these things should happen.
The Tenney campaign included vote counts, while the Brindisi campaign a deadline. Examples below 2/
The main Tenney argument, in the affirmation and the other documents, is the counties have reported final, unofficial tallies, and Justice DelConte should allow the counties to certify their results.
The main Brindisi argument: the "sticky" issues need to be resolved first 3/
The next type of document is an order, specifically orders to show cause. These are mandates from the justice for actions to be taken. For example, it was an order that forced the counties to provide the latest counts.
Both campaigns proposed orders to Justice DelConte today 4/
An order to show cause, which both legal teams filed, is the legal equivalent of telling someone to put their money where their mouth is.
Essentially, it lays out a list of actions it wants the court to take. Then, it asks the other parties why those actions shouldn't happen 5/
Tenney's order to show cause basically asks the other parties to argue why all 8 BOEs shouldn't certify their results now; a certification would lead to her ultimately being declared the winner by 12 votes.
This would not include the found Chenango ballots 6/
Brindisi's order to show cause lays out a step-by-step, but somewhat complex way to fix the Oneida/sticky-note problem, but without going to a full recanvass.
His orders do ask for the found Chenango ballots to be counted 7/
The last type of documents submitted are memorandums of law. These are where each legal team lays out precise legal arguments as to why their actions should be taken, citing previous court cases and testimony from this case.
These paint the true portrait of where we now stand 8/
Each one of these is at least ten pages long, so I'll do my best to summarize each one with relevant screenshots.
Lots of little nuggets and insights in these 9/
The main gist of Tenney's MOU is that because there were so many errors made by the various BOEs, specifically the failure to mark each individual ballot, and the lack of a clear way to tell which ballots were objected to, the court has no jurisdiction to rule over them 10/
Brindisi's MOU is much longer. It acknowledges that while these BOEs made errors, every effort should be made to fix them. It asks the justice to order each mistake be fixed one-by-one and lays out a process to do so 11/
The Brindisi campaign asked the Chenango votes to be canvassed; the Tenney campaign did not. These votes appear to favor her and the Republicans.
However, if these votes are canvassed, it could set a precedent that other votes should be canvassed as well, despite BOE errors 12/
Counter-arguments will be filed tomorrow.
The next in-person court appearance is still set for Monday, December 7th 13/13
It's worth noting when the numbers have favored them at one time or another, both campaigns have released statements saying they expect to win this race. With a margin of 12 votes, anything is still possible #NY22
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Back to your regularly scheduled #NY22 programming! No new files yet, still waiting for that 4pm deadline.
Instead, I want to do a short thread breaking down how the Brindisi legal team suggests we fix #StickyGate 1/
This comes courtesy of their order to show cause filing yesterday. The first step is trying to remove the "stickiness" of the situation by individually labelling each of the objected ballots as required by state law. Easier said than done we'll find 2/
The reason this is so difficult?? We don't know why some of these votes were objected to, or if they were specifically included in the original counts.
Why don't we know this?? Because counties used sticky notes to annotate these ballots, and those notes fell off in transit 3/
Secretary of Health Dr. Rachel Levine announces there are entire counties in PA without available ICU beds due to COVID-19 @WBNG12News
Dr. Levine says the National Guard has been deployed into longterm care facilities to help fight the virus.
Dr. Levine says in an emergency, beds can be found for the ICUs.
One resource that can’t materialize last minute?? Staffing, which she says will be the biggest challenge to fighting the virus and implementing a vaccine.
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.