Saturday, November 28, 2020

Election recap: NY-22 Legal Battle

Incumbent Democrat Anthony Brindisi now leads Republican challenger Claudia Tenney by 13 votes... or does he?

In order to get a better handle on everything and to see what the raw numbers looked like, Justice DelConte ordered all counties to provide an unofficial count. However, many (if not all) of the still disputed ballots were included in this unofficial interim count, which changed the numbers from the previous unofficial counts (where many of these same disputed ballots had not been included). 


After everything was added in, the totals show that Brindisi leads by 13 votes, which apparently prompted the Democrat to immediately declared himself the winner (even as the Judge has not made any final rulings on these disputes).  

However, sources are stating that this unofficial count is meaningless and misleading as DelConte has already "verbally ruled" that at least some of the ballots included in this interim count are invalid. Unless DelConte changes his mind, some of these ballots counted in the most recent counts won't be included in any certified count. So while this unofficial count makes it appear that Brindisi is ahead, there is still reason to believe that he is still behind. 

The problem with these sorts of elections, recounts, challenges, etc... is that there is way too much room for error, tampering, and outright fraud. It becomes a problem when the election officials tasked to perform these recounts are generally more interested in garnering a particular result, than garnering a fair and accurate count. 

Right now, on top of the missing sticky notes allowing for no way to tell why certain votes were challenged or even if they were or were not already included in the final count, one of the counties appears to be missing as many as a hundred disputed ballots, many of which were also included in the latest unofficial numbers. The same problem exists in terms of not being able to verify which ballots are included or not included in the final counts.

This is quickly becoming a shit show, and one has to wonder if these are honest mistakes or some sort of ploy. It would appear that Brindisi quite literally needs most every disputed vote  to be counted to actually win the election.  Perhaps the idea  behind the missing sticky votes and missing ballots would be to somehow convince the Judge that all of these ballots must be counted (some a second time) under the mantra of "count all the votes" in order to garner that result.

It's a murky situation. How does a judge make a ruling on disputed ballots if there is no information on why they were disputed or if the ballots are missing. What is the default position?  Should a judge toss out all disputed ballots that cannot be verified or should a Judge count all disputed ballots that cannot be verified. Seems to me that you cannot count what cannot be verified, but I am sure others would provide us with a different opinion. 

31 comments:

Coldheartedtruth Teller said...

In every case by the President has been dismissed because of the lack of evidence. Including judges appointed by Trump.

They are non partisan they swore to protect and defend the Constitution.

Anonymous said...



hey alky,

this thread is about NY-22.

try to keep up and try not to destroy yet another thread with your idiotic plagiarisms.


imbecile.



C.H. Truth said...

Hey Roger...

This, as of this morning - upholding an earlier court injunction.

Pennsylvania State Judge Upholds Halt To Certification, Finds Likelihood Mail-In Balloting Procedures Violate PA Constitution

https://legalinsurrection.com/2020/11/pennsylvania-state-judge-halts-certification-finds-likelihood-mail-in-balloting-procedures-violate-pa-constitution/



Would it be possible that the feeble old nursing home resident could get through one thread without destroying it with factually incorrect assertions.

Especially when he decides to toss out incorrect information on something that has nothing to do with the thread.


I also have to wonder if he ever actually figured out what a Section 230 exception is or why the people who "host" a "social media site" are not authors or publishers entitled to what Roger believes is a:

constitutional first amendment right to censor speech.

anonymous said...

Jon Sharman,Harriet Alexander and Danielle Zellner
Silly me Lil Schitty.....seems to me trump got his ass kicked in Pa!!!!!!!! Why are you a day late?????

Fri, November 27, 2020, 7:33 PM ES


Donald Trump’s attempts to overturn the election results suffered a severe blow on Friday when a judge he had appointed in Pennsylvania ruled against his fraud appeal.

A blistering ruling from Third District’s Stephanos Bibas – a Trump-appointed judge – said “free, fair elections are the lifeblood of our democracy.”

“Charges of unfairness are serious,” he said in his ruling on Friday. "But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here."

One of his lawyers, Jenna Ellis, said they will take their case to the Supreme Court.

Anonymous said...



good job BWAA. the story you posted PRECLUDES the link provided by our blog host.

Anonymous said...



and the alky's plagiarism and subsequent psychological projection never take a day off.:

All you need to do is the following: Identify the manipulative message you've received. Find an opposing message, whether it's manipulative or not. Also, attempt to find the most neutral and unbiased account of that same message. Compare your different sources and decide how you feel.

https://www.coursehero.com/file/p3jslb92/All-you-need-to-do-is-the-following-Identify-the-manipulative-message-youve/





Coldheartedtruth Teller said...

The day after the election day, at 3:00 AM he declared victory.

"Disputed" ballots are usually counted because the right to vote is the most important constitutional right.

If both sides have access to the disputed ballots, in almost every incident they have allowed them to be counted.

The law matters. In most cases they are counted.

To take one incident and call the election is invalid is a highly partisan attempt to discredit our elections. We are a model of how democratic republics have worked for centuries.

Our own government agency responsible for election security said we had the most secure election in history.

To attract the election system partisan reasons is highly irresponsible.

Anonymous said...



To attract the election system partisan reasons is highly irresponsible.

ladies and gentlemen, i give you the embodiment of mental illness and severe cognitive decline.

Coldheartedtruth Teller said...

Fivethirtyeight has discussed New York’s 22nd District: 


The initial trajectory of the count favored Republican Claudia Tenney, who led Democratic Rep. Anthony Brindisi by 28,422 votes after Election Day, but absentee ballots have almost completely erased that lead. However, because of New York’s decentralized and disorganized absentee-ballot-counting process, no one knows exactly what the current margin is: Tenney likely leads by somewhere between 100 and 300 votes. With the initial count more or less complete, attention has turned to a court hearing this week over whether thousands of disputed absentee and provisional ballots will count. However, the proceedings have so far only exposed counties’ poor record-keeping procedures and added to the confusion over which votes have been counted and which have not. On Tuesday, a judge ordered counties not to certify results in the race until those questions have been answered, so we could be waiting a while for a resolution here too.

CH said This is quickly becoming a shit show, and one has to wonder if these are honest mistakes or some sort of ploy. 

According to a highly respected nationaly famous blogger, the county has a terrible systematic problem. But it doesn't mean that it was partisan bias.

The link will follow

Coldheartedtruth Teller said...

https://fivethirtyeight.com/live-blog/2020-election-uncalled-races/

Anonymous said...


"Disputed" ballots are usually counted because the right to vote is the most important constitutional right.

If both sides have access to the disputed ballots, in almost every incident they have allowed them to be counted.

The law matters. In most cases they are counted.


and btw alky, the last two people on the earth who want a recount of any ballots on any level are sloe joe an da ho.

examples of anomalies, irregularities, and out right fraud and theft are legion, and are backed up by scores of sworn affidavits testifying to that fact under penalty of law.

what galls me far more than the initial result itself is how comfortable the left is with the result.

fully one-third of democrats acknowledge that some level of theft occurred, and assholes like you are actually celebrating that fact.

the integrity of our electoral process is completely shot and you assholes celebrate that.

if you cared about a legal and accurate outcome you'd join in the calls for the recounts. instead you demand fast tracking of your "winner."

Honest, decent, truthful Rev. said...

Tired of the BS you keep getting fed here at coldheartedlies? Check in at politicalwire.com to see what really is going on in the world and the coming Biden administration.

Anonymous said...


According to a highly respected nationaly famous blogger, the county has a terrible systematic problem. But it doesn't mean that it was partisan bias.

it's funny how ol' nate "thirty pieces of" silver intentionally avoids the very real issue of dead people voting in this district.

highly respected? LOL. he's a scumbag on the take, beholden to the DNC.

and btw alky, the GOP is up to 13 House victories without a single loss.

that fact rings true through to "high respect" (LOL) for ol nate and his blue dribble.

LOL.




Anonymous said...



so much for Slow Joe an da Ho's "coattails" and "mandate" eh?

LOL.

Anonymous said...



Tired of the pure unadulterated bullshit SPAM you keep getting fed here by JamesNewSpam the pederast pastor?

just click on each of his posts to collapse them and you can avoid his mindless plagiarized drivel.



Coldheartedtruth Teller said...

rrb has become completely irrelevant.

Coldheartedtruth Teller said...

On June 25th 2013 the supreme court issued one of the most consequential rulings in a generation in a case called Shelby county v Holder. In a 5-4 vote, the court struck down a formula at the heart of the Voting Rights Act, the landmark 1965 law that required certain states and localities with a history of discrimination against minority voters to get changes cleared by the federal government before they went into effect.

It’s hard to overstate the significance of this decision. The power of the Voting Rights Act was in the design that the supreme court gutted – discriminatory voting policies could be
blocked before they harmed voters. The law placed the burden of proof on government officials to prove why the changes they were seeking were not discriminatory. Now, voters who are discriminated against now bear the burden of proving they are disenfranchised.

Immediately after the decision, Republican lawmakers in Texas and North Carolina – two states previously covered by the law – moved to enact new voter ID laws and other restrictions.

https://www.theguardian.com/us-news/2020/jun/25/shelby-county-anniversary-voting-rights-act-consequences

--
Other states followed suit to reduce the number of minority voters, by requiring government identification. And reducing the number of ballot sites.

The last election showed how it works, with waiting lines for hours. Scott has a point. We need national guidelines that provide secure and balanced solutions.

The house of Representatives has passed a bill to address the Shelby decision. The John Lewis bill.

The only way to get this done is to win the Georgia runoff elections.

My takeoff is the people saved our country by firing the lame duck President by voting in record numbers!

Over 80,000,000 Americans said You're fired!










C.H. Truth said...

Roger...

There is no law that states that a disputed ballot is counted.

Considering in the case of NY-22 there are way more ballots disputed by the Democrat (due to the election board deciding they were not legal votes) than the Republican (who was contesting votes that the election board chose to count)...

that would mean that you believe the default legal position is to overturn the election board on all decisions where ballots were declared illegal and to affirm all decisions to include votes.

Basically suggesting that any candidate who is behind can "dispute" uncounted ballots for "any reason" and simply have them counted because they were "disputed".


Are you a fucking idiot?

Coldheartedtruth Teller said...

rrbNovember 28, 2020 at 11:17 AM



so much for Slow Joe an da Ho's "coattails" and "mandate" eh?

ladies and gentlemen, i give you the embodiment of mental illness and severe cognitive decline.

Anonymous said...



Are you a fucking idiot?

well, he has taken to plagiarizing ME from this very thread...

LOL.

Anonymous said...



We need national guidelines that provide secure and balanced solutions.

LOL. that's the LAST thing you guys want.

you want secure elections again? really?

fine. go back to election day voting ONLY with voter ID.

remove mail-in ballots from the process entirely.

allow absentee ballots only in valid cases; e.g. out of town, military, infirmed, etc.

airlock ballot machines and require that they print a receipt upon tabulation of the ballot reflecting the votes made. a gas pump can print me a receipt reflecting gallons pumped and $$$ paid, a ballot counting machine should be able to do at least as much.

truth be told alky, the very LAST thing you want in America right now are secure elections. you need to cheat for the same reasons your brilliant liberal ideas must be made mandatory -

because the populace rejects them on their face as delusional and idiotic.

Honest, decent, truthful Rev. said...

Tired of the BS you keep getting fed here at coldheartedlies? Check in at politicalwire.com to see what really is going on in the world and the coming Biden administration.

HEADLINES TODAY AT politicalwire.com WHERE TRUTH SHOWS UP AS TRUTH

Biden Mulls Cindy McCain for U.K. Ambassador

Biden’s Cabinet Gossip Consumes Washington

19 Million Could Lose Homes as Eviction Limits Expire

Biden’s Other Health Crisis
(the drug addiction epidemic)

GOP Gains Ground In California

Biden’s Democracy Summit Spurs Axieties
(Which nations will be included and which or won't?)

The Inexorable Rise of Jake Sullivan

Iran Vows Revenge Over Slain Nuclear Scientist (blames Israel)

Trump BLINDSIDED Diplomats on WHO Demands
(a typically stupid impulsive action)

Trump May Hold Rally During Biden’s Inauguration
(The essence of a Poor Loser)

Trump Strips Protections from Budget Analysts
_________
AND from yesterday:
Trump Donor Wants Money Back as No Fraud Found

Trump Now Says Biden Must ‘Prove’ His 80 Million Votes
(Knee slapping funny; Trump says he won't leave the White House until Biden "proves" this, LOL!)

GOP Moves to Brand Biden as the President of the Elite
(this to be done by the party that contains the most millionaires and billionaires, LOL!)

Honest, decent, truthful Rev. said...

*and which won't?)

Coldheartedtruth Teller said...

 It becomes a problem when the election officials tasked to perform these recounts are generally more interested in garnering a particular result, than garnering a fair and accurate count. 

The burden of proof on this allegation lies upon the Republicans in this specific situation.

The Shelby decision has led to this problem.

Do you really want anyone to dispute any ballot?

Are you a feeble minded paper pusher?

Coldheartedtruth Teller said...

CH has become a cultist.

Everything Trump has said or done is perfect!

And he wants to discredit our election system.

He writes 500 word diatribes that go around in circles of illogical beliefs.

C.H. Truth said...

BTW Roger...

The 538 updates are currently about three days old and do not include any analysis regarding the latest counts or the latest judges decisions.

You didn't notice that, though... did you?

Coldheartedtruth Teller said...

go back to election day voting ONLY with voter ID.

remove mail-in ballots from the process entirely.

allow absentee ballots only in valid cases; e.g. out of town, military, infirmed, etc.



Would disenfranchise millions of Americans of color, elderly who don't have driver's licenses, millions of Americans in hospitals, nursing homes and Native Americans who don't have addresses.

His plan would turn the country into a authoritarian dictatorship.

He would send African Americans back to Africa.

And fill railroad cars with millions of browners and send them to Mexico!

Coldheartedtruth Teller said...

No, I hadn't noticed that.

Coldheartedtruth Teller said...

Interesting.

A pair of Brindisi election observers were questioned by attorneys for both campaigns over two sets of notes they took about affidavit envelopes rejected by the Oneida County Board of Elections that the campaign objected to. One of the observers was Eva Brindisi-Pearlman, the congressman’s sister. 

Questioning determined neither observer was asked for a specific objection, and the affidavit envelopes the campaign objected to were bundled with rubber bands and sticky notes denoting they were contested by the Brindisi campaign. 

The envelopes were reviewed by the observers from both campaigns during the canvass in piles by election district or town, according to testimony. The affidavit envelopes rejected by the election commissioners were stored in a box in a secure room. 

Oneida County Board of Elections Republican Commissioner Rose Grimaldi said the contents of the box were transferred to Oswego County Supreme Court. When the candidate’s legal teams opened the boxes of affidavits Tuesday, they could not find the bundled affidavit envelopes with sticky notes amid the other submissions to the court. 

Other differences in handling the review process were noted during Tuesday’s court session. Cortland County Board of Elections completed its review of affidavit ballots without representatives from either campaign present. Broome County Board of Elections said the campaigns reviewed contested ballots at different times, with its elections staff present.  

The injunction puts the judicial review on hold after two long days in court, which revealed possible violations of state election law requiring a memo written in ink on the back of a contested ballot, including the nature of the objection, the challenger’s name and the signature of the inspector.    

--------

The allegations of fraud seem to be questionable.

I will post the link

Coldheartedtruth Teller said...

https://www.google.com/amp/s/amp.uticaod.com/amp/6405080002

C.H. Truth said...

Questioning determined neither observer was asked for a specific objection, and the affidavit envelopes the campaign objected to were bundled with rubber bands and sticky notes denoting they were contested by the Brindisi campaign.

The envelopes were reviewed by the observers from both campaigns during the canvass in piles by election district or town, according to testimony. The affidavit envelopes rejected by the election commissioners were stored in a box in a secure room.

Oneida County Board of Elections Republican Commissioner Rose Grimaldi said the contents of the box were transferred to Oswego County Supreme Court. When the candidate’s legal teams opened the boxes of affidavits Tuesday, they could not find the bundled affidavit envelopes with sticky notes amid the other submissions to the court.



Okay Roger...

let's test your thinking here.

These were ballots for whatever reason were ruled ineligible by the Election commission. Those ballots were challenged by Brindisi (The Democrat) as being improperly ruled ineligible.

Their hope was to have a Judge overrule the Election Commission and have them counted. But when it came to presenting them to the Judge, they were unable to determine why they were being challenged because rather than use Ink on the back (as the law dictates) they used sticky notes.

By the time they got the ballots to the Judge, none of the sticky notes were attached, meaning the Judge has no means to know why these ballots (that were ruled ineligible by the Election Commission) were challenged.


Yet, your argument is that (by nature) they should all be counted because there is some legal precedent that requires the Judge to overrule the election board (even when he has no reason to).


Make no mistake... there is no legal reason for the Judge to overrule the election board without any evidence of anything. He cannot just "assume" that the challenge is valid because they were challenged.