STATEMENT BY GREG FINGAR, CHAIRMAN OF COLUMBIA COUNTY GOP

PRESS RELEASE - December 22, 2009

I have read the decision of the New York State Appellate Division, Third Department, from Friday December 18, 2009 and discussed the issues remaining in this case with our attorneys and the individual candidates from the Town of Taghkanic.

We are pleased that the Court dismissed the intermediate appeal brought by local Democrats which challenged the basis for our litigation challenging certain absentee ballots. We have always stood for everyone’s right to vote; we simply challenged the practice of local Democrats to ignore qualifications for registration and voting which we believe are clear in the state Election Law.

The Appellate Division decision made clear that we could move our case forward by challenging the veracity of statements made by voters when they applied for and cast absentee ballots. But we are also certain that the other side will subject the case to another round of appeals which will only delay the outcome of this election. Accordingly, we are willing to settle this matter prior to January 1, by having Judge Nichols consider certain objections to ballots, as he ruled on objections lodged by Democrat attorneys, and withdrawing the rest of our objections. In this way, the remaining undecided elections can be resolved and Taghkanic will be able to organize its town government in January. 

As such, we have proposed to the other parties in this litigation that we move immediately to open most of the  absentee ballots at issue in this litigation. Specifically, we believe that any ballot challenged solely on the basis of voter “qualifications”  should be opened immediately under the supervision of the Judge Nichols. In addition, the election of Supervisor Betty Young should be certified as her success is now mathematically certain regardless of the outcome of remaining ballot challenges.  

It is important to resolve the remaining issues quickly so that candidates and citizens in Taghkanic may know the final outcome of the races still in doubt. It is also important that I reiterate that this process was only initiated after great concern over the prevalence of absentee ballots, 20% in Taghkanic alone, which raised legitimate concern as to Democrat registration activities in that Town. The county Board of Elections needs to perform its duty under the Election Law to insure that applications for registration are examined to insure that citizens are properly advised as to what jurisdiction  in which they should be registering. 

It is our duty to insure that the Election Laws are followed in order to insure the fairness of elections. We will continue to uphold that obligation.