Election still undecided in New York’s 22nd Congressional District

Results in the Nov. 3 U.S. House election in New York’s 22nd Congressional District have not yet been certified. The latest vote count, completed on Dec. 30, showed former Rep. Claudia Tenney (R) with a 29-vote lead over incumbent Anthony Brindisi (D). This race was one of 56 U.S. House rematches from 2018, when Brindisi defeated Tenney 51% to 49%.

Litigation over the validity of certain absentee and affidavit ballots began the day following the election and is ongoing. Problems with mislaid ballots, missing documentation of ballot challenges, and errors in vote tabulation slowed the process.

Oswego County Supreme Court Justice Scott DelConte has not made a final ruling on these issues, and official results have not been certified. DelConte also asked both campaigns to file legal briefs by Jan. 14 on 2,418 voter registration applications submitted through the Department of Motor Vehicles that the county board of elections did not process before election day. These voters had the option to cast an affidavit ballot, but these ballots weren’t counted since it appeared the voters weren’t registered. At least 63 affidavit ballots from this group are being reviewed.

Final oral arguments on all court proceedings in the case are scheduled for Jan. 22.

Here are some other recent elections where the result was not confirmed until weeks after the elections:

In 2018, the North Carolina Board of Elections did not certify the results in the 9th Congressional District race and voted unanimously to call for a new election on Feb. 21, 2019. Rep. Dan Bishop (R) won the special election on Sept. 10, 2019.

In the 2016 North Carolina governor’s race, incumbent Pat McCrory (R) conceded on Dec. 5, 2016, after a recount in Durham County verified that Roy Cooper (D) would remain ahead.

In 2014, Martha McSally (R) was declared the winner over incumbent Ron Barber (D) in Arizona’s 2nd Congressional District at the conclusion of a recount on Dec. 17, 2014.

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