In it, but not of it. TPM DC

Corwin Gets Pre-Emptive Legal Action In NY-26


The Buffalo News reports:

Pending court proceedings before [Judge] 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.

Democratic candidate Kathy Hochul campaign spokesman Fabien Levy told TPM: "We're not worried about this."

As an example of this practice in New York elections, Republicans in the 2009 special election for NY-20 filed a similar petition, before the polls closed. That close race ultimately did see a certain amount of litigation over absentee ballots, but Republican Jim Tedisco conceded as the count progressed and Democrat Scott Murphy's lead became insurmountable.

A copy of the order, plus the Corwin campaign filing, is available below:

Impound Order For Results In NY-26 Special Election

Additional reporting by Benjy Sarlin.