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There are still a couple of thousand votes in the district that are disputed or were never counted by election officials in violation of state election law, as evident in the court’s decision.
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“The role of the court, as I see it, is making sure everyone follows the law,” Justice Scott DelConte said during oral arguments Monday.
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Each campaign received more 155,450 votes.
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Arguments over challenged ballots continue in Oswego County Court on Monday.
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It is the only House race in New York that is still uncalled.
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With more than 19,000 mail-in ballots returned to Broome County this year, there were bound to be a few errors. In those cases, election workers were tasked with curing the ballot.
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Brindisi has won close to three times the number of mail-in ballots than Tenney, steadily closing the gap between them.
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The decision requires county election officials to copy and save any ballots campaign representatives inspect and object to for a judge to review later.
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Tenney is up by 28,000 votes in NY-22. So far, at least 57,900 absentee ballots have been returned throughout the district.
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Both candidates said Tuesday that they are waiting on absentee ballots to be returned before declaring who won.