Thread by @JRosenblattTV

#NY22 THREAD: Each campaign filed briefings today regarding the Oneida County DMV registrations.

Thread below of why the fate of the race for #NY22 is intrinsically tied to not only these 60+ ballots, but if the justice takes a narrow or wide view on who is a qualified voter 1/

First and foremost, here is a link to the court system filings so you can follow along: iapps.courts.state.ny.us/nyscef/Documen…

Some of the arguments from today are things we've heard already, but some of it is new information 2/

Before we really get cooking, here's a link to more information surrounding this DMV issue:

https://twitter.com/JRosenblattTV/status/1347579059560185859?s=20

We still don't know how many challenged ballots this applies to (Brindisi says 69, Tenney says 64), or exactly how many applications this applies to 3/

So let's get to the new information we learned today:

All of these votes are expected to help Brindisi. @marceelias hinted earlier in the week these votes could make the difference, but now the Tenney campaign says these "harvested" ballots would all support the Democrat 4/

This is the latest example of the Tenney campaign alleging the Brindisi team has cherrypicked which ballots to argue for and count; Justice DelConte previously also criticized the Brindisi campaign for this as well 5/

In terms of the arguments as to whether these votes should count or not, there's a lot of interesting points to consider: what constitutes the registering of a voter, who is eligible to vote in an election, and who has the authority to determine these are the crux of the issue 6/

The Brindisi team filed first, so we'll examine their arguments first.

Its main point contends that if the voter takes all proper steps to vote in an election, and is eligible to do so, BOE error should not bar them from voting 7/

One argument not being made: the court & Justice DelConte need to get to the bottom of the DMV issue.

The team acknowledges that trying to figure out what exactly happened to all of the registration applicants is a can of worms, and instead is focusing on 69 challenges 8/

We learn something new in this next section: all of these DMV applicants did so online, not in-person.

The legal team focuses on establishing the validity of registering via the DMV, as well as establishes that's how these voters attempted to register 9/

These briefs were only allowed to address the DMV issue, which means we saw a lot of tangential references to other problems.

This comes close to talking about purged voters, another unrelated issue that has come up previously in the lawsuit 10/

This next part tries to establish all the voters met the registration deadline, but Oneida County failed to process their registrations.

Because the Brindisi team is not arguing the court should go back and review all registrations, it can only focus on the 69 challenges 11/

This next part is the main argument the Brindisi team is making: regardless of if the BOE failed to process a voter's application, if the voter did not make an error, the person should have their vote counted 12/

Brindisi team claims the 69 applications were submitted into evidence in the court; the Tenney team says it has not yet seen those applications 13/

Both campaigns often cited the same case or election law to support their points, each arguing why it should help them and not the other. Corrigan v. Suffolk County BOE (1972) is one of those cases 14/

Shifting focus to the Tenney team arguments, here is her lengthy Table of Contents below; to summarize, the court cannot do what Brindisi is asking, any errors by the BOE cannot be reviewed by this court, and applying the ruling to just these votes would be unfair 15/

The brief starts by saying Justice DelConte has no ability to register voters (remember, the Brindisi team argued the voters don't even have to be technically registered) 16/

One of the more specific arguments the Tenney team makes is the actions of the BOEs aren't subject to this lawsuit; only the actions of the "board of canvassers or inspectors" (poll workers and watchers essentially) 17/

The next section focuses on the claim that all else aside, only voters can ask the courts to register them, and even so can only ask for this remedy on Election Day, basically stating Brindisi has no legal leg to stand on 18/

Another central argument the Tenney campaign makes is even if the voters submitted their registration applications on time, it does not mean they are qualified to vote, and furthermore the BOE is under no obligation to process the applications in a quick fashion 19/

Finally, the last central focus of her team's arguments stems around the idea that ordering the votes of these 64 (or 69) people to count, and not those of all the potential 2400+ applications in Oneida, and any yet unknown beyond Oneida, is unjust and illegal 20/

The Tenney campaign also filed a request for a stay should Justice DelConte rule in Brindisi's favor.

Says it would need time to review DMV applications amongst other things 21/

Court arguments resume tomorrow at 1.

Tenney (R) currently leads Brindisi (D) by 29 votes in the race for #NY22.

Whether there's 64 or 69 of these votes, if they truly are all for the Democrat, it would be more than enough to swing the race once again 22/22