Politics & Government

Court Orders Start of Absentee Ballot Count in 7th Senate Race

Both sides return to court Friday to review canvas rolls.

Approximately 3,600 absentee ballots will begin being counted as the contentious race for the 7th state senatorial district took its latest turn between incumbent Sen. Craig Johnson, D-Port Washington, and Mineola Mayor Jack Martins, R, I, C, Wednesday in the courtroom of State Supreme Court Justice Hon. Ira B. Warshawsky. John Ryan and Tom Gary, the Republican and Democratic Board of Elections chairs, respectively, were in court along with Martins campaign attorney Peter Bee and Johnson campaign attorney Steve Schlesinger.

Election night results showed Martins being 415 votes ahead of Johnson, with an estimated 3,600 absentee ballots and approximately 150 emergency ballots outstanding.

Two cases were argued before Justice Warshawsky: one where a voter was allowed to vote by affidavit after a machine at Floral Park Memorial High School broke down, needing to be replaced, and the votes inside the machines counted, and the issue of counting absentee ballots in the overall race.

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The Floral Park case arose after resident Michael Montaine attempted to vote but the electronic voting machine broke down completely and could not be repaired - the only such reported incident in Nassau County. A new machine was brought to the polling place and voting continued, but Warshawsky had allowed Montaine to vote via affidavit and his vote to be included in the ballot box. Both machines - 'A' and 'B' - were then impounded at the Board of Elections. "Things break down," Judge Warshawsky said, ordering an audit of the machines to take place. "God bless technology."

"Hold that thought your honor," Bee said, making the case that the court does not have the authority to order such an audit. The Floral Park machine has between 118-123 votes in its ballot box, those numbers being present on the machine counter and the number of sheets torn off of the ballot pad, respectively. Schlesinger argued that since more sheets were torn off, "the issue may have replicated itself" in other election districts, and requested a canvas roll so "we have a better understanding of the universe."

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Bee proposed that since the court did not have the authority to issue the order directly, it could break a tie between the party chairs if they did not agree on conducting a voluntary audit on the Floral Park machines. While Ryan agreed to such an audit, Gary did not, therefore an audit order was issued by Warshawsky on the basis of having a complete roll. "I have two election commissioners who can't consent on counting a machine that broke down," Warshawsky said. "Count the machine, audit the machine! And if anyone wants to appeal it, I'm sure you know your way into Brooklyn."

With regard to counting the absentee ballots, Bee stated that a petition submitted by Democrats does not say there were errors made in the count, only that there might be and argued to proceed with the "completion of (the) first count" of the roll, including absentees.

The court directed that canvas sheets be produced, but also that the process of counting the absentees begin, and to "go through the process" of separating the unopened ballots into three piles: counted, Republican objections and Democrat objections. The counted envelope pile would then be opened and again separated into the three piles. Military absentee ballots are due back by Nov. 24, a deadline extended by Federal law. Warshawsky stated that he is trusting the County attorney's office o take care of the military ballots.

Both sides are due back in court on Friday to review the canvas roll and to set an adjournment date of either Nov. 28 or 29.


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