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NY-22 house seat to become vacant Jan. 3 with court case continuing into 2021

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(WBNG) -- People who live within New York's 22nd Congressional District will be without a representative in the U.S. House to start off the new year as the term of Democrat Anthony Brindisi is set to end before the results of the district's 2020 election can be certified.

A court case which is ruling on more than a thousand challenged ballots in the election is set to continue through the first week of January, New York state Supreme Court Justice DelConte said.

The justice had hoped to finish ruling on challenged ballots by the end of the year, but he indicated that would be impossible after learning that Oneida County would not finish their court-ordered recanvass until early to mid-next week. The justice is unable to review on challenged ballots until the recanvass is completed.

“I'm personally disappointed that we will be doing this into next year," DelConte said at the close of court Monday. "I think we all know what this means for the people of the 22nd congressional district. I wish there was something I can do."

Challenged ballots in Oneida County will be reviewed the first week of January, DelConte said, dashing any remaining hope that the result of the election could be certified before house members are sworn in and a new congress convenes on Jan 3.

The delay in Oneida is the lasted setback in the court case which has been plagued by missing sticky notes, technical issues, missing/discovered ballots, and vote-counting delays.

Oneida is home to about 1,500 ballots in dispute. The race as a whole is separated by 19 votes as of Monday morning, with Republican Challenger Claudia Tenney edging out Brindisi. Oneida has by far the largest group of outstanding ballots.

Oneida is the same county where missing sticky-notes on challenged ballots helped to force the partial recanvesses.

New York's 22nd Congressional District covers parts of 8 Upstate New York counties including Broome, Tioga, Cortland, and Chenango. The city of Binghamton is within the district.

This is the only house race in the country which still hasn't been decided.

Ricky Sayer

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