(WBNG) -- When the Madison County Board of Elections received affidavit ballots on election day, they didn't immediately time-stamp all of them to show when they were received. Instead, many of the ballots headed to a prison cell for safekeeping overnight. So, instead of being time-stamped November 3rd, they were timestamped November 4th, the day after election day.
The issue of when ballots were time-stamped created confusion inside of Justice Delconte's Oswego courtroom Tuesday as the judge tried to determine what ballots had been legally cast in the country's final remaining undecided house race.
“We’ve got a serious issue in these other Madison County ballots that were timestamped November 4th," DelConte said. "What’s going on here? Is it humanly possible a person could have handed in a ballot on November 4th."
Mary Egger, a Commissioner from the Madison County Board of Elections, explained that they don't timestamp ballots the day they come in because they can be secured.
She couldn't explain why the judge said there was a separate ballot which is timestamped for November 2nd, but that a voter claims was actually handed over on November 3rd.
The judge put the question to the commissioner, "Are you telling me your timestamps don't mean what they say?"
She responded "For the most part, yes."
A number of human errors can also prevent a ballot from being timestamped on the correct day, Egger said.
Dustin Czarny, an election commissioner in Onondaga County, which NY-22 is not a part of, said affidavit ballots which are received on election day, as well as absentees, are routinely timestamped the next day. They are transported under seal to the Board of Elections from the polling place after polls close at 9pm, Czarny said.