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NY-22: NYS Supreme Court Justice orders Board of Elections to fix their mistakes or do a recount

TENNEY-BRINDISI

UPDATE:

(WBNG) -- A spokesperson for Claudia Tenney released the following statement regarding Tuesday's ruling.

“Today’s decision affirmatively rejected Brindisi’s attempt to have only votes favorable to his campaign counted. It appears that this ruling will see to it that every legal vote is counted. If the proper legal procedures are followed, we are confident that we will prevail and Claudia will assume office as the Congresswoman for New York’s 22nd District.”

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UPDATE:

(WBNG) -- Anthony Brindisi has released the following statement to 12 News regarding New York State Supreme Court Judge's Scott DelConte's ruling Tuesday:

“This decision is a win for the people of the 22nd District. As I’ve said all along, the voters of this community deserve to have their voices heard. This margin is too small and the stakes too high to rush to judgement. We owe it to voters, our democracy, and each other to let this process move forward without attacking each other, promoting conspiracy theories, or fanning the flames of division. As this process continues to play out, I hope everyone, including those who did not vote for me, and my opponent will do what is best for our country and protect the integrity of our election. I am hopeful that I will come out on top and be able to continue to work with both parties and stand up to anyone on behalf of all of New York's 22nd district.”

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UPDATE:

(WBNG) -- More than 1,700 ballots have not been canvassed in the race for the NY-22 Congressional District, but they now will be after Justice's DelConte's ruling.

More than 1,700 ballots have not been canvassed in the race for the NY-22 Congressional District, but they now will be after Justice's DelConte's ruling.

Ultimately, he blamed the 8 district Boards of Election for not following state election law which led to the mishaps of this election.

DelConte's Tuesday decision means that 1,500 affidavits in Oneida County will now need to be canvassed, all 132 Madison County challenged votes will need to canvassed, Broome and Herkimer challenged ballots will need to properly marked as such with ink instead of sticky notes and uncanvassed votes found in Chenango County and Cortland County will need to be canvassed.

Canvassing is when a ballot is reviewed to determine if it is valid. If the vote is valid, it is then counted.

He has denied a motion filed by Republican Claudia Tenney but partially denied and granted a motion by Democrat Anthony Brindisi, he said his reasoning was to "make sure that everyone, including every public election officials, follows the law."

Tenney had challenged the 132 votes in Madison County, but DelConte said the votes would need to be canvassed, according to the law.

For Brindisi, DelConte questioned why his campaign had chosen to only ask for certain errors to be fixed and not others.

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ORINGINAL STORY:

(WBNG) -- New York State Supreme Court Judge Scott DelConte ruled in a legal decision that the Board of Elections for the eight counties in the NY-22 Congressional District must fix the errors they made in the ballot counting process.

The ruling came Tuesday around noon.

The ruling states that the Board of Elections must ensure there are no more misplaced ballots and that all challenged ballots have been marked as such. In addition to this, he ruled that all previously not counted ballots to be counted.

In the event that these tasks are impossible to complete, the Board of Elections must recount the error-ridden ballots

Election Night was held Nov. 3.

This is a developing story. Follow WBNG 12 News Reporter Josh Rosenblatt on Twitter for the most up to date information on the race for the NY-22 Congressional District and stay tuned for 12 News 5, 5:30 and 6 p.m. newscasts for more coverage.

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