Jane L. Corwin this afternoon obtained a court order from State Supreme Court Justice Russell P. Buscaglia barring a certification of a winner in the special 26th Congressional District race pending a show-cause hearing before him later this week. The Buffalo News obtained a copy of the show-cause order Buscaglia signed this morning based on a petition the Republican candidate filed Monday.
Under the judge’s 11-page order, attorneys for Corwin have until Wednesday to serve copies of the court order on the election boards of Erie, Niagara, Genesee, Orleans, Wyoming, Livingston and Monroe counties, their sheriff’s offices, the state Board of Elections and her three opponents.
Pending court proceedings before Buscaglia on Thursday at the earliest, the judge also impounded all voting equipment and enjoined the canvass of paper ballots “except as directed by this court” and “temporarily enjoined and restrained from certifying” the winner pending that court hearing.
Chris Grant, a spokesman for the Corwin campaign, said 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 said.
Paul B. Wojtaszek, Buscaglia’s law clerk, said such prospective court actions are permissible under the state’s Election Law when a close vote is borne out by pre-voting polling.