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ONONDAGA COUNTY, N.Y. -- It's come down to, at this point, a two vote difference.
The Democratic candidate for Town Justice, George Alessio, is arguing some voters in his town were disenfranchised by too harsh an interpretation of state election law.
At issue are seven absentee ballots. Voters are supposed to fill in circles. On them, there are checkmarks, circles, changes, and other marks that led both Republican and Democratic commissioners to reject them.
"They contained extraneous marks and the state election law says if a ballot has marks outside the voting square, that we are not allowed to count those ballots," said Helen Kiggins, Republican Onondaga County Elections Commissioner.
Also uncounted were three affidavit ballots sealed Election Day in an extra envelope. They too were rejected.
"Election is, again, one of the most fundamental processes of our democracy and we want to make sure that everybody who has the opportunity to be heard, for their choice for a particular candidate, is heard," said Alessio.
It will now be up to Judge Deborah Karalunas to decide if votes are counted and which votes are counted. And that's where things could get interesting.
The strongest case may be for counting the affidavit ballots which were sealed in an additional envelope because of an apparent error by some elections workers. When those ballots were finally reviewed, two went for Republican Paul Carey, one for Alessio. Add them to the current vote totals and Carey's lead increases to three votes.
Then there are the disqualified absentee votes. The judge could accept some, reject others, but if she rules all should be counted, five would go to Alessio and two to Carey, and that would mean a tie vote.
"That creates a vacancy which goes back to the republican controlled town board, which will probably appoint Mr. Carey," said Kiggins.
"I believed in the process and I went through it. And, if, in fact, the court validates all those ballots and it turns out to be a tie, I'll feel comfortable with that result," said Alessio.
The Republican candidate in the Salina Justice race, Paul Carey, was out of town for the holiday and missed Wednesday's court proceedings.
The race may finally end next Thursday
SALINA, N.Y. -- After a long campaign and a thorough vote count, it all comes down to 10 votes.
Three affidavit ballots sealed in improper envelopes through a mistake by poll workers and seven absentee ballots that failed to meet the board of election requirements because of unusual marks, even checkmarks instead of filled-in circles. Ballots that elections commissioners had disqualified.
"This is our standard operating procedure. Ed and I ruled unanimously on every issue that was before the court today," said Helen Kiggins, Onondaga County Elections Commissioner.
But each vote is of major import in this race, where the last, unofficial count gave Paul Carey a two vote lead. Five of the absentees are votes for Alessio and two for Carey. If the votes are counted, Alessio wins. Two of the affidavit votes are for Carey and one is for Alessio. If they're counted too, the race is a tie.
For now, Carey's legal team is arguing that the board of elections was correct and improper marks do disqualify a ballot. It's a law that may seem silly now, but has some history.
"In days past, there was often, unfortunately, corruption. And people would be paid for their votes. They would go to their ward leader and say, hey, I voted for your guy. And he would say, well how do I know that? I'm the guy that put the bulls-eye on my ballot and the ward leader would go check and then give the guy his $20," said Jeffy Buley, an attorney for Paul Carey.
Alessio's lawyers are left to argue that judge Deborah Karalunas has discretion to accept any votes she thinks were properly cast, despite any extraneous marks.
"Here in the United States, we do not disenfranchise voters simply because they rested their pen on a slip of paper or that their pen went beyond a circle provided because they're elderly and have a shaky hand. Indeed, voter intent is what it's all about. The idea is the election must reflect the will of the people," said Joseph Cote, attorney for George Alessio.
Judge Karalunas is waiting for final written arguments due on Monday. She will then decide what votes, if any, will be added to the totals. She will decide who wins.
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Tags: Salina Town Justice Election Discrepancies Still Unresolved Voting Fraud Corruption Rigged Black Box News Reports
