DelConte’s lengthy opinion particulars officers’ astonishing collection of lapses by election officers, which most notoriously included failing to correctly document objections to disputed ballots on the ballots themselves, as required by state regulation. As an alternative, in a number of counties, objections were recorded on sticky notes affixed to ballots, a lot of which had been misplaced.
In the meantime, 1000’s of affidavit ballots had been by no means correctly canvassed in any respect—that’s, reviewed to see whether or not they had been in truth forged by eligible voters. In Oneida County, as an illustration, 1,500 such ballots had been “administratively rejected” and in the end “positioned in a cardboard field in a safe room, with none additional motion.” And in Chenango County, at the least 12 voters who forged absentee ballots by no means obtained a so-called “remedy discover” informing them of errors with their ballots that would have been mounted. One other dozen Chenango ballots had been “inexplicably present in a drawer, marked ‘undetermined,’ and by no means canvassed.”
All in all, it is unattainable to even know what number of ballots had been by no means tallied, since a lot of the testimony earlier than DelConte was decidedly imprecise, with officers steadily describing conditions involving “dozens” and even “tons of” of problematic ballots. We now have, nevertheless, cataloged the state of affairs as completely as attainable in this Google doc.
As a treatment, DelConte instructed officers to “right all errors close to previous objections” to ballots and to correctly mark all such objections. In that occasion that objections can’t be precisely reconstructed—which is able to undoubtedly be the case in lots of cases—directors should conduct a brand new canvass. All ballots that had been by no means canvassed within the first place should even be canvassed as nicely, and any remedy notices that ought to have gone out however did not should now be despatched.
DelConte additionally chided each campaigns for arguing “for aid that tactically presents the most suitable choice for his or her final victory.” He particularly known as out Tenney for asking that he certify the outcomes as they at present stand, which present her main, saying, “The winner of this election have to be determined by the actual events in curiosity: the voters. And to take action, each legitimate vote have to be counted.” He additionally criticized Brindisi for asking the courtroom “to put expediency above the Boards’ compliance with their statutory duties, if it turns into too time-consuming to find out who the precise winner is.”
Certainly, it could be a while earlier than we see a ultimate decision to this election, however as DelConte put it, “It’s extra vital that this election is determined proper, than that it’s determined proper now.”