Tedisco (i.e., the GOP) is fighting tooth and 
nail to wipe out Democrat Scott Murphy's
lead in the election to fill Gillibrand's House 
seat. This has now entailed a wholly groundless
challenge to the absentee ballot cast by Gillibrand herself.

As you'll see in the comment below (by "Kads"), 
Nate Silver gives Tedisco a one-in-500
chance to turn this thing around. And yet the GOP 
will fight to win--regardless of the
will of the electorate, or the letter (or the 
spirit) of the law. Perhaps the party plans to 
take
this all the way to SCOTUS, as they no doubt intend to do with Coleman's case.

This is just one way in which the GOP subverts 
democracy, while the Democrats just sit
there, twiddling their thumbs.

MCM




  Serving Columbia and Dutchess
counties since 1785

Wednesday, April 15, 2009


Gillibrand's vote challenged
Murphy still has slight lead over Tedisco

By Jamie Larson

COLUMBIA COUNTY- In an astounding legal maneuver, 
the legitimacy of Sen. Kirsten Gillibrand's 
absentee ballot was challenged by Republican 
lawyers for congressional candidate
James Tedisco Tuesday, at the Columbia County 
Office Building at 401 State St. in Hudson.

Tedisco and his opponent, Democrat Scott Murphy, 
are in the middle of a too-close-to-call special 
election to fill Gillibrand's seat in Congress 
and every vote counts, including that of the 
woman the candidates wish to replace.

Lead lawyer for Tedisco in Columbia County 
Tuesday, Vinney Messina, challenged the senator's 
ballot on the grounds that, though she sent in an 
absentee ballot, she was in Columbia County on 
Election Day. Both Democratic Board of Elections 
Commissioner Virginia Martin and Republican 
Deputy Commissioner Michael Nabozny overruled the 
challenge, but Gillibrand's ballot was still
put aside as a precaution because there will be a 
court decision on ballot eligibility Wednesday in 
Dutchess County Supreme Court. Thirty-five other 
challenges have also been overruled by both
party commissioners and have been put in a 
separate pile for evaluation after today's court 
ruling.

Gillibrand's office responded to the challenge 
quickly after it heard the news, saying, "The 
Republicans’ challenge is frivolous and without 
merit. This is part of their larger attempt to 
disenfranchise legal Democratic voters and delay 
the inevitable Democratic victory in the 20th.
Every day that the national Republicans waste 
with their dishonest stalling tactics is another 
day Upstate New Yorkers are deprived their member 
of Congress. Sen. Gillibrand looks forward to 
working with Scott Murphy in Congress to support 
President Obama's plans to turn this economy 
around and create good paying jobs."

Gillibrand says she had intended to be in 
Washington, D.C. on the day of the special 
election for
a Senate vote and that is why she requested an 
absentee ballot. She says the challenge lacks 
further foundation because, while she was in the 
20th Congressional District on Election Day, she 
was not
in Columbia County.

Gillibrand has a home on Mt. Merino and is registered to vote in Greenport.

The senator's office also pointed to an election 
law decision on the issue of the challenge. "There
was no law that required the actual absence by 
the voter during the time the polls were open for 
an absentee ballot to be validly cast. The 
question was not to consider the voter’s physical 
capabilities
on the day of the election, but rather the 
voter’s expectations at the time of applying for 
an absentee ballot." [Sherwood v. Albany County 
Board of Elections, 265 AD2d 667, 696 NYS2d.287]

Along with Gillibrand's vote, 18 Columbia County 
election districts were counted Tuesday, covering 
five towns and half the districts in the city of 
Hudson. Murphy gained another 130 county votes 
and Tedisco gathered up 72, putting their 
four-day county total--spanning 13 
municipalities--at: Murphy 251, Tedisco 127.

Two-hundred and fifty ballots have been 
challenged, 26 have been voided due to voter 
error and
one was left blank. Tedisco's legal team has cast 
the vast majority of challenges--36 ballots were 
challenged in Hillsdale alone.

County attorney Daniel Tuczinski will appear in 
Dutchess County Court 8:30 a.m. to 5:30 p.m.
today on the county’s behalf as the counting of ballots continues.

According to The Associated Press, the state 
Board of Elections reports that unofficial counts 
Tuesday show Murphy with 77,982 votes total and 
Tedisco with 77,935.


Reader Comments

The following are comments from the readers. In 
no way do they represent the view of 
RegisterStar.com.

stonepound wrote on Apr 15, 2009 2:04 AM:
" Democracy delayed is democracy denied! "


Kads wrote on Apr 15, 2009 11:58 AM:
" This election may be too close to call but that 
doesn't mean the best election forecaster in the 
US isn't making a prediction. Nate Silver says 
Tedisco has just a 1 in 500 chance of winning. 
This sheds some light on why Tedisco is not only 
challenging every voter who sleeps elsewhere part 
of the year, but actively delaying the process at 
every turn. Will keeping us unrepresented as long 
as possible help him in the rerun vote 16 months 
away? How will the GOP's big welcome sign to 
second home owners play out? "WANT YOUR VOTE TO 
COUNT? VOTE HERE!" "

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