NEW: Both candidates in #NY22 trade shots through new legal filings submitted today. Using a variety of reasons, both campaigns claim what the other is trying to do is against the law.
The filings today are counter arguments to the memos and proposed orders to show cause yesterday.
The Tenney campaign has argued the counties should certify the results of the election, while the Brindisi campaign has argued every attempt to fix BOE errors should be made 2/
The Brindisi legal team filed first today, and tried to offer a stinging rebuke of Tenney's attempts to have the result certified. Certainly started out swinging 3/
Brindisi's main arguments stem from a belief that just because the county BOEs made errors (hence #StickyGate), it does not mean the court cannot still rule over those ballots.
Brindisi says his campaign made objections, and it's not their fault if the BOEs messed up 4/
The Tenney legal team cited a wide variety of reasons, some new, some old, as to why the Republican challenger should be certified as the winner.
An interesting Table of Contents below 5/
Tenney's first main argument is Brindisi's legal team did not sufficiently record its objections to certain ballots, and failed to ensure the counties sufficiently recorded them as well.
Because she says Brindisi failed to adequately object, the court has no jurisdiction 6/
Her next main point is that while Brindisi claims to not be asking for a recanvass (recount), some of the actions he is asking the court to take would constitute a recanvass under state law 7/
While the Tenney team avoided explicitly mentioning the Chenango ballots yesterday, today it made its stance even clearer with a flat-out rejection to canvassing those ballots 8/
Her final three arguments center around placing an undue burden on the counties, an argument it would treat voters differently, and that the manual audit would be too much of a risk during a public health crisis 9/
The next filing deadline for counter arguments to these counter arguments is tomorrow, Friday at noon.
The stage is almost set for a legal showdown Monday in #NY22 10/10
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While the #NY22 campaign filings were generic today, some of the counties submitted particularly interesting ones.
The Oneida County BOE for example says it’s open to a full recanvass of absentee/affidavit/overseas ballots, something neither campaign has asked for @WBNG12News
Another one to pay attention to was Oswego County today.
Down in part 7, the filing mentions “voting machine issues in Constantia Districts 1 and 3 and Williamstown” which caused some ballots to be had counted.
First I’ve heard of this
The final particularly interesting one comes courtesy of Herkimer County.
It appears that a new county Democratic Elections Commissioner was sworn in on Tuesday.
Herkimer of course has had to revise its vote counts several times.
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.
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/
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/