The original show cause order filed on March 31 at the 9th District of the New York State Supreme Court by Republican State Committee Chair Joseph Mondello and Dutchess County Conservative Party Chair Patricia Killian signaled the Tedisco campaign’s strategy. In their brief to the court, they charged that when the county Boards of Elections begin counting absentee ballots, the process “may include objections to affidavit and absentee ballots by voters who are not qualified.” The petitioners further said, “The canvass of votes may include challenges to registration of certain voters, requiring Court intervention to have law enforcement authorities verify registrations as required by the Election Law.”

The attorney for the Republican plaintiffs, John Ciampoli also spoke to the press and put further meat on the bones of their recount strategy. “First,” he said, “courts should interpret the election law regarding residency strictly as where you are domiciled. . . . Everything else that is known about a voter should add up,” he said. Ciampoli’s main criterion is “is a voter taking a financial benefit by claiming he resides in one place rather than another.” Mr. Ciampoli is nothing if not dramatic. He reinforced his argument by saying, “Moses said thou shalt not bear false witness—don’t lie.”

And by his construction of the argument, there are a number of examples of false witness. The first is people who live in rent-controlled apartments in New York City, where, he alleged, “you sign a lease that says this is your principal residence.” The second was arose from the New York State School Tax Relief (STAR) exemption, which he charged some people are taking for their “expensive condo in New York” and “sticking the locality upstate where you say you vote but do not seek a STAR exemption on a conceivably less expensive property where they vote.” Third is an example he saw come before him while he was acting as a poll watcher last week, where someone requested an absentee ballot because they were away “from May to November,” when this election was held in March.

Ciampoli brushed aside a question about the 1983 NY Supreme Court Residency decision in Ferguson v. McNabb, saying “you’ve got to be consistent and shouldn’t lie.”

Judge Brands sent a message through his court clerk that he would be back on the bench and ready to continue the case on Wednesday, April 15. Clearly, Ciampoli is looking forward to getting the challenged absentee ballots reviewed by Brands. Ciampoli said, we have “gotten it done in this very courthouse in the past. We have had rulings on residency in this court.”

For the Democratic challenger Scott Murphy’s legal team, it was a day of some frustration. Lead Murphy attorney Henry Burger argued in a general conversation in the courtroom with Judge Brands' law clerk that the limited number of ballots where both commissioners at a county Board of Elections overruled an objection from one side or another be opened and counted. Ciampoli argued that nothing should be done until the judge had a chance to hear all sides. The practicalities of the situation left the Republican with the successful default position.

In his own post non-hearing press conference, Berger said that the numbers so far tell a good deal of the story. With only “250 of a total of 600 election districts [also referred to as precincts] counted so far in the entire congressional district, there have already been over 600 absentee ballots challenged.” If each needs to be examined by a judge, and the number of challenges doubles by the end of the canvass, everyone should expect “at least a couple of weeks added onto the time it will take the counties that have not finished counting to do so.” 

Burger charged that there is “a deliberate effort by the Republicans to slow down the count” and that the “people of the 20th District are being hurt by not having a representative in Congress” to work for its fair share of the federal stimulus money.

Military and federal employee absentee ballots are not in dispute. Berger said the Murphy forces will not challenge them. Ciampoli said the Tedisco camp would not challenge either and added it could not see any residency issues among those voters.

Don Moore is a writer and communications specialist living and working in Hudson, New York. Among his career turning points are stints as an education journalist, congressional staffer, arts administrator and lobbyist, and higher education communications and development manager.