[EL] Contested primary election in upstate NY

[Josh Douglas]

The results from the Republican primary for District Attorney in Livingston
County (upstate New York) show a tie, with 7 absentee ballots being
contested.  See here:
http://www.democratandchronicle.com/article/20120925/NEWS01/309250050?nclick_check=1
.

A Judge from a neighboring county will decide the validity of the absentee
ballots.  News reports say that the Republican nominee is highly likely to
win the general election.

According to the news article, the challenged ballots are as follows:

• The first ballot appears to be a vote for Sessler, but was challenged
because white-out was used on the bubble next to Schiener’s name.

• The second ballot does not have any vote listed in the specified bubbles,
instead showing a mark below Sessler’s name.

• The third and fourth ballots were cast for opposing candidates. They are
filled out incorrectly, but the mistakes made on both are identical,
meaning these two ballots will be a wash; the judge will either consider
them both to be eligible, or both ineligible.

• The fifth and sixth ballots arrived at the Livingston County Board of
Elections unsealed. The ballots were not opened and the contents are
unknown.
• The seventh ballot was postmarked on Sept. 13. Election rules specified
that ballots needed to be postmarked on Sept. 12. Its contents are also
unknown.

Josh

-- 
Joshua A. Douglas
Assistant Professor of Law
University of Kentucky College of Law
620 S. Limestone
Lexington, KY 40506
(859) 257-4935
joshuadouglas at uky.edu
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