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A New York state judge ordered a recount Tuesday in an upstate congressional race where a 12-vote margin currently separates the two candidates more than a month after Election Day. At the moment, Democratic Rep. Anthony Brindisi trails former Rep. Claudia Tenney, who held the seat from 2017 to 2019 before she was unseated by Brindisi. The razor-thin margin in the state’s GOP-leaning 22^ndCongressional District will now be subject to a recount, as New York State Supreme Court Justice Scott DelConte expressed dismay with how the count has taken place so far.

As one might expect, Brindisi was pushing for a limited review of excluded absentee ballots that had favored the incumbent during New York’s glacial ballot count, and Tenney wanted the court to just go ahead and certify the result. DelConte, surveying the poorly administered count in the district, decided a districtwide review was necessary. That will put potentially hundreds of provisional ballots and disputed absentee ballots back under the microscope and set up further legal challenges as the recount proceeds. “It is more important that this election is decided right, than that it is decided right now,” DelConte wrote in his decision.

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“In his decision Tuesday, DelConte did not conceal his frustration with the county election officials who did not follow the letter of state law in reviewing challenged ballots—including, in one case, allowing campaign officials instead of election workers to review a pile of questioned ballots,” the Washington Post notes. “Missteps by elections officials in several counties have thrown the count into turmoil and vexed DelConte, who has broad authority under New York state law to manage the process. One county, for instance, labeled challenged ballots using Post-it Notes that later fell off, making it impossible to match the ballots with the grounds for challenge. Another county discovered 55 ballots after the unofficial count concluded, leaving DelConte to decide whether they should be counted.”

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• 2020 Campaign
• Congress
• Voting
• New York
• Judiciary

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