Read on Twitter
THREAD: I have combed through the extensive #NY22 ruling and will break it down here.
Biggest takeaway?? Roughly 1700 ballots not counted the first time will now be included in the count.
Justice DelConte rips all parties involved, says 7 of 8 BOEs made crucial errors 1/
Biggest takeaway?? Roughly 1700 ballots not counted the first time will now be included in the count.
Justice DelConte rips all parties involved, says 7 of 8 BOEs made crucial errors 1/
The justice did not seem happy yesterday in court, but I didn't quite see this coming.
"The careless or inadvertent failure to follow the mandate of statute and case law" 2/
"The careless or inadvertent failure to follow the mandate of statute and case law" 2/
Before this gets picked up nationally and by conspiracy theorists, note this section from Justice DelConte clearly stating there is no allegations of fraud at this time 3/
Let's start at the very top of this ruling; here is a link to follow along: https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=1b/45_PLUS_oFR1lwqSsE_PLUS_1FvIQ==
The justice denies @claudiatenney's motion to have the count certified, while partially denying and granting @ABrindisiNY's motion to have the counties fix their errors 4/
The justice denies @claudiatenney's motion to have the count certified, while partially denying and granting @ABrindisiNY's motion to have the counties fix their errors 4/
Justice DelConte outlines his view for his role in this next section.
All along, he has stated his role is to "make sure that everyone... follows the law"
All along, he has stated his role is to "make sure that everyone... follows the law"
The next major section revolves around that first court hearing on Nov. 23.
He begins by noting that while at the time the first errors seemed insignificant, it snowballed from here 6/
He begins by noting that while at the time the first errors seemed insignificant, it snowballed from here 6/
Next comes his thoughts on #StickyGate... More on this later
The first new major development stems from this next section. If you remember, a couple weeks ago I tweeted about 1500 affidavits in Oneida County that were mentioned in a court filing but never really talked about after. This is our first real glimpse into these ballots 8/
We have now arrived to the problems in Madison County presented during that first court date.
The objections Tenney made that the justice mentions here are a crucial part of his final ruling as we'll see 9/
The objections Tenney made that the justice mentions here are a crucial part of his final ruling as we'll see 9/
Remember my tweets about how the justice was visibly frustrated with everything happening?? Here it is for all to see 10/
Next we see our first problems start to emerge in Herkimer and Broome counties, specifically more sticky notes in Herkimer and a failure by Broome to properly canvass hundreds of affidavits, a common theme for #NY22 11/
We move on to Chenango, where tucked into his critique is the justice's findings that Lucy McIntosh, Brindisi's campaign manager, was a credible witness, and the Chenango BOE made several errors. Also note the 12 found drawer ballots we learned about yesterday 12/
The first truly new thing I learned in this ruling comes from Cortland County, where 100 affidavits were rejected by the commissioners, not counted and set aside. It appears neither candidate nor their representatives had a chance to challenge these 13/
We find out in this section that the boards made the parties involved aware that new counts showed Brindisi potentially in the lead, which is when the justice adjourned court and sent us down the path that leads to now 14/
We now transition to the revelation that Herkimer messed up its vote count, and Tenney is actually once again in the lead 15/
We have reached the 55 found ballots in Chenango!! Glad to know Justice DelConte was just as surprised by this as the rest of us 16/
This next section lays out NY Election Law, which to summarize says each challenged ballot has to be individually marked in ink, not sticky notes 17/
Quite frankly this is a startling rebuke of almost every BOE in our district. Only Tioga County (where there were no challenges) is spared from this stinging critique.
Justice DelConte makes it clear that it was a failure to follow the law, not fraud, that led us here 18/
Justice DelConte makes it clear that it was a failure to follow the law, not fraud, that led us here 18/
We now transition to the events of the past week, specifically the candidates' motions and proposed orders to show cause. It appears the Tenney campaign's challenge of those Madison ballots previously mentioned factors in here 19/
Justice DelConte: "Every valid vote must be counted" 20/
The Tenney campaign has previously stated Brindisi failed to file a valid counterclaim; the justice dismisses that in this next part 21/
But Brindisi would not escape condemnation from the justice either; the justice calls him out for cherrypicking which votes needs to be recounted and why 22/
This next section speaks for itself. Not sure there's a judge in America I hold in higher regard right now than Justice DelConte 23/
We are now delving into the nitty gritty of the justice's ruling. Note how he mentions he can't force the counties to simply do their original counts over again, which leads us to this unique solution he has ordered 24/
Here he lays into the BOEs once again for failing to follow NY Election Law, specifically as it relates to the ability of candidates to challenge ballots and commissioner objections 25/
BIG: This is probably the most important section of all; Justice DelConte says all affidavits set aside in Oneida & Cortland, as well as the found Chenango ballots and any other ballots that might be found now, must be counted 26/
Justice DelConte now begins to outline his actual ruling and the orders he mandates.
We begin with forcing every county to be 100% absolutely certain no more ballots are going to be found along the way 27/
We begin with forcing every county to be 100% absolutely certain no more ballots are going to be found along the way 27/
His next mandates revolve around making the BOEs fix their errors when possible, and a "proper" canvass must be done when fixing those errors is impossible.
Justice DelConte wants to hear no more about #StickyGate 28/
Justice DelConte wants to hear no more about #StickyGate 28/
This next section lays out his process for how to avoid the objection problems we've seen so far 29/
We've reached the end of our ruling with these last four orders.
The next court date (not public however) will be Friday, December 18. Looks more likely than not #NY22 will not be represented when the next Congress is seated in January 30/30
The next court date (not public however) will be Friday, December 18. Looks more likely than not #NY22 will not be represented when the next Congress is seated in January 30/30
