Tenney, who held the post before being dismissed by Brindis, was ahead by 100 votes as the two campaigns arrived before a state judge who will judge on hundreds of contentious absentee and affidavit ballots that could resolve the winner.
Madison County Attorney Tina Wayland-Smith informed that election officials there excluded absentee ballots registered by three “deceased” voters” in a filing with state Supreme Court Justice Scott Del Conte, who is supervising the count in Oswego County.
Madison is one of the eight counties included in the 22nd congressional district that runs from Binghamton in the southern tier, through Central New York, and north to the Canadian border.
Wayland-Smith refused calls for comment on the names of the dead voters, or any other information.
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A top state Board of Election is calling for an audit.
“This is a known problem of voting by mail. It should be investigated,” said Doug Kellner, co-chairman of the state Board of Elections, noting that it’s a crime for someone to mail a ballot in the name of a dead person. “It is an election fraud. It’s a felony,” he said.
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The law also says an absentee ballot cast by a voter who then passes away before the election isn’t tallied. The Tenney and Brindisi campaigns declined to comment.
Meanwhile, Justice DelConte on Monday reviewed absentee ballots challenged by either the Brindisi or Tenney campaign as well as other ballots that were dropped by the eight-county boards of election.
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In one case, Tenney’s team tested two ballots that were dropped off by two Oneida County voters in Queens, News Channel 9 in Syracuse reported.
It appeared likely that Oneida County election officials did not follow New York election law requirements for handling disputed absentee ballots. The law states “an inspector of the opposite party shall write in ink upon the back of the ballot a memorandum of the ruling and objection.”
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Brindisi’s campaign argued for six ballots to be calculated that were ruled incompetent by the Oswego County Board of Elections.
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Tenney led by a hefty 27,000 margin in the machine count but Brindisi nearly obliterated the entire lead during the counting of absentee ballots.
She will be the second Republican in New York to pick up a congressional seat — along with Congresswoman-elect Nicole Malliotakis on Staten Island — if she wins.
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