Merry Christmas from Republicans, (ps. your vote doesn't count)
by Jerome Armstrong, Fri Dec 24, 2004 at 04:55:07 PM EST
Contact: Charles J. O'Byrne (917) 699-4316
Nassau County Supreme Court Justice Ira. B. Warshawsky ordered this afternoon that an approximate additional 170 paper ballots will be counted in the contested race between Democrat Andrea Stewart-Cousins and Republican Nick Spano for the 35th Senate District seat. These ballots were cast by voters who came to the right polling place but the wrong election district. The ballots will be opened and counted at the Westchester County Board of Elections on Monday, December 27, 2004, at 09:30 AM.
The judge also disallowed two other groups of contested paper ballots. Forty-five ballots were cast by election poll workers who were following a long-standing practice in Westchester and in other counties where poll workers vote by absentee ballots since they are expected to work from before the time the polls open until after they close. The second group of paper ballots disallowed by the judge is the largest, some 350 paper ballots that were cast by voters in the wrong election district and wrong polling place. All of these ballots were cast by individuals who were legally qualified to vote and did so in the correct Senatorial district. Moreover, these ballots were provided to them on Election Day by county election board officials.
Lawyers for Andrea Stewart Cousins will make an immediate appeal to the Appellate Division of Judge Warshawsky's decision to disallow nearly four hundred legitimate votes from being counted. It is expected that the Appellate Division will hear arguments on appeal during the first week of January.
Campaign spokesperson Charles O'Byrne said, "We will continue to seek judicial relief from Republican efforts to keep votes from being counted and we will not rest until every vote is counted. We are confident that the Appellate Division will reverse that part of the judge's decision today which effectively disenfranchises hundreds of Westchester residents and insure that their duly cast ballots, provided to them by county officials, are counted. Nothing is more sacred in a democracy than a citizen's right to vote and to have that vote counted. And few if any actions are more offensive and antithetical to our democracy than a concerted effort to keep votes from being counted."
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