US Representative Tom Reed took no chances in Tuesday’s election and on Monday asked the Steuben County’s Supreme Court to keep voting-related papers in case his campaign fails.
On Monday, Reed filed a motion covering all districts of the 23rd Congressional District – Chautauqua, Cattaraugus, Allegany, Chemung, Steuben, Schuyler, Seneca, Ontario, Yates, Tioga, and Tompkins – as well as Andrew Kolstee, a Chautauqua the native county is running for the 23rd seat in the Libertarian Party line and Tracy Mitrano, Reed’s challenger in the Democratic and Working Families Party.
It doesn’t appear that a decision has been made on the case before Tuesday’s election.
Reed asks a judge to keep unopened and / or unscanned ballot papers – including postal ballot papers, special ballot papers and ballot applications, Affadavit ballot papers and envelopes with the ballot papers, special ballot papers, military votes, machine failure reports, mechanic or depot logs, affidavits on election day, court decisions on election day Ballot books, ballot papers, corrupt ballot papers, invalid or incorrect ballot papers, unused ballot papers, and all copies of final reports, and all printed and electronic records and voting results related to Tuesday’s election.
“Due to the state of emergency associated with COVID-19 and changes in New York state law, unprecedented paper (postal voting) ballots are being cast for this election, many of which will be mailed (which will be received after the election date). New York state law changes may increase the number of affidavits and the need for additional layers of research and verification. … The electoral committees may plan to change the acquisition process to prevent or prevent election observers from having meaningful and effective access to electoral papers and ballot papers so that they can object to postal, military, special, affidavit, or federal votes . “ Reed’s attorney, Joseph T. Burns, wrote on his court record.
Reed’s attorney wrote that the acronym for typical acquisition procedures could include the elimination of the record and retention of appeal records, which could deprive Reed and the court of the opportunity to review the actions taken by electoral boards across the 23rd Congressional District. The number of early polls and absentee ballots led Reed’s team to believe that the race might be over, and the decision of the race could be made by re-checking voting machines, the condition and reliability of memory sticks, and selecting paper votes will.
Reed’s concerns included electoral officers making mistakes in identifying voters’ signatures on an application, ballot, or affidavit. The Reed campaign was also concerned about one “Unprecedented” The number of absentee ballots and military votes, especially to ensure that these ballot papers were properly postmarked and their envelopes had not burst or opened. Such challenges led campaign officials to believe that the acquisition of ballot papers would take longer than the three-day retention period provided for in the state election law.
“According to information and belief, the facts asserted in the above paragraph indicate that the final outcome of this election will depend on the collection of the various types of paper votes mentioned above, as well as a review of the collection of machine ballots, voting machines, ballot papers, scanners,” sticks “Or flash drives (the electronic record of voting similar to USB connection devices), the ballot images and ballot papers, as well as the verification of the voting machines and possibly a verification of the paper ballots contained in these machines. “
Jessica A. Kulpit, an attorney representing Tracy Mitrano, said the lawsuit should be denied because it was not filed early enough for Mitrano to respond properly. because such motions are not routinely signed by the courts and are usually dismissed and only slow down the work of the election boards.
“The petitioner’s request is an attempt to deviate from this statutory procedure for the electoral board.” Kulpit wrote. “The application is premature and disadvantageous for the parties and the voters. The petition submitted does not contain any particular need for emergency aid. It is generally overseas and does not show the need for the extreme remedy requested. A general assertion that a choice might be near is not enough. “
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