NEVER ASSUME
Carole Osterink
ccSCOOP Editor
12-30-09 - 6:30 p.m. - Those who gathered in Judge Jonathan Nichols’ courtroom to follow the saga of the challenged absentee ballots from Taghkanic learned the truth of that maxim today.
Most people expected the objections to be dropped and the 66 remaining ballots counted. Greg Fingar, chair of the Columbia County Republican Committee, promised as much in his December 22 press release: “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.”
But James Walsh, Fingar's attorney, surprised most everyone by doing what Fingar had said they could do but wouldn't—that is, it would seem, "move our case forward by challenging the veracity of statements made by voters when they applied for and cast absentee ballots." Citing a footnote reference to Delgado v. Sutherland in the Appellate Division decision, Walsh, attorney for Fingar and the Republican candidates of Taghkanic, asked Judge Nichols to allow him to a submit a brief stating why the Appellate Division decision, which made it clear that absentee ballots could not be challenged based on residency after the ballots had been issued, allowed the ballot challenge to continue. Although the judge seemed confused by the fact that Walsh, who represents Fingar, was departing from what Fingar had stated in his press release, Nichols agreed to let Walsh submit a written brief and “try to convince me that the Appellate Division is doing something incorrect.”
Along with the brief, which is due on January 6, Judge Nichols asked Walsh to submit statements of “each and every one of the objections” for “each outstanding ballot,” commenting that “it seems like you are offering something different [from objections already raised].”
The number of challenged ballots did get whittled down a bit. Walsh first dropped his objections to six of the uncounted ballots. Later, after requesting a five minute continuance and leaving the room to make a phone call, Walsh announced that objections to more ballots would be dropped. In all, objections were dropped to 17 ballots.
Walsh also requested that the vote for Taghkanic supervisor be certified by the Board of Elections, saying, “We know who’s going to be elected. We just don’t know what the numbers are.” Kathleen O’Keefe, attorney representing the Democrats, maintained her position that “all votes should be counted before the election is certified.” Judge Nichols said that he would modify the order staying certification to allow the supervisor to be certified “if the Board of Elections is prepared to do so,” but, he said, “I’m not going to direct the Board of Elections to certify.”
A little later, back at the Board of Elections, the 17 ballots were opened and counted. All but one of the votes were cast for Democratic candidates. Here's how things stand in the four races that will be decided by the fate of the 49 ballots that remain challenged and uncounted.
In the race for town justice, Jeffrey Tallackson picked up 17 votes, narrowing the margin to 32.
In the races for town board, Larry Kadish picked up 17 votes, narrowing his margin against Tom Kiely to 39, and Joyce Thompson picked up 15 votes on the Democratic line and 2 on the Working Families Party line, narrowing her margin against Erik Tyree to 41.
In the race for superintendent of highways, Tom Youhas picked up 15 votes and Republican candidate Edward Waldron picked up 1, for a margin of 13 votes. |
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(At left) Taghkanic Town Board candidate Erik Tyree, Democratic Commissioner of Elections Virginia Martin, (at right) Republican Commissioner of Elections Don Kline, and Taghkanic Town Board candidate Joyce Thompson wait as deputy commissioners Kathy Harter and Hilary Hillman prepare to open and count the 17 ballots. |
Although Betty Young is assured of reelection as Taghkanic Supervisor, the margin of victory is narrowing. After the nine challenged ballots were counted on December 7, ccSCOOP reported that Young led Democratic challenger Loretta Hoffman by 80 votes. After today's count, the margin had narrowed to 63, according to our count and the BOE's unofficial tally.
Until the election is certified in Taghkanic, the current officials will continue as holdovers. As it looks now, that will be the case until well into January.
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