Even before a single ballot was cast on election day in the special election in New York‘s 26thCongressional District, Republican Candidate Jane L. Corwin filed a request for a court order to prevent the election from being certified citing the closeness of the race in pre-voting polling.
On election day Supreme Court Justice Russell P. Buscaglia issued an 11-page order preventing the elections boards in Erie, Niagara, Genesee, Orleans, Wyoming, Livingston and Monroe counties from certifying the election until Buscaglia could hold a show-cause hearing on Thursday. Within the order, attorneys for Corwin had until Wednesday to serve copies of the court order to the affected county boards of elections, their sheriff‘s offices, the state board of elections and the other three candidates in the race.
Chris Grant, a spokesman for the Corwin campaign, told The Buffalo News that the court action “is very typical” in such close elections.
“We recognize the closeness of the race and we want to make sure that every legal vote is counted fairly and accurately,” Grant told the paper.
On Tuesday though, as the votes were being tallied it became apparent that Democrat Kathleen C. Hochul had a solid lead and Corwin conceded the race. But what about the court order? Would the result render the court order moot as some had suggested?
Phone calls to the Corwin campaign for comment on whether or not the process would continue in spite of her concession went immediately to voicemail and the voicemail box was not accepting messages.
However a report from a local news station indicated that the Thursday show-cause hearing before Buscaglia had been cancelled.
While court orders to halt the certification of an election are nothing new, the issuance of such an order before even a single ballot is cast on election day has many election administration scholars scratching their heads
Full Article: Electionline Weekly