ALBANY, N.Y. (AP) — A New York judge ruled Friday that Republican Claudia Tenney defeated U.S. Rep. Anthony Brindisi by 109 votes in the nation’s last undecided congressional race.
The ruling by Judge Scott DelConte could clear the way for Tenney to be sworn in as the representative for central New York’s 22nd Congressional District, barring emergency intervention by a state appeals court.
She previously was the district’s representative for one term, until she was defeated by Brindisi, a Democrat, in 2018.
DelConte’s ruling came after he spent three months reviewing ballot challenges and trying to fix a myriad of problems with vote tabulation. He rejected an argument by Brindisi’s lawyers that certification of the election results should be delayed until an appeals court had a chance to review the case.
DelConte’s order directed New York to certify results immediately.
The judge said even if the results end up changing after any litigation, New York could simply amend its certification. He issued his ruling hours after a last public hearing, in which he told Brindisi’s lawyers that he was disinclined to delay the results any further.
“I’ve been asked to stop this election ... and that’s a very very high burden,” he said.
Tenney has maintained a small lead even as months of litigation revealed problems with ballots that either weren’t counted properly or were improperly rejected.
“I’m honored to have won this race,” Tenney said. “It was a hard-fought campaign and I thank Anthony Brindisi for his service. Now that every legal vote has been counted, it’s time for the results to be certified. The voters need a voice in Congress, and I look forward to getting to work on behalf of New York’s 22nd Congressional District.”
After 94 days of hard fought election process, I am grateful to the voters and supporters for having once again the privilege of serving our community in the #HouseofRepresentatives. #NY22 pic.twitter.com/63wkBryCJZ
— Claudia Tenney (@claudiatenney) February 5, 2021
Tallies have shifted as county election officials counted a flood of absentee ballots and courts weighed in on which challenged ballots could be counted.
Brindisi had argued that once the election gets certified and Tenney is sworn in, only Congress has the power to remove her, not the courts.
The judge said Friday the U.S. House can unseat a member who is “not truly the lawful winner of an election.”
“Indeed, the House now has, as it had since the start of this proceeding, the sole authority to seat or refuse to seat Tenney or Brindisi, or to seat one of them conditionally during the course of this litigation, including any appeals,” he wrote.
And Brindisi can still challenge the election in the House and potentially unseat Tenney, according to the judge. DelConte said only the U.S. House can order a new election or recount at this point.
I am shocked and surprised by this decision because of the countless errors and discrepancies that have occurred throughout this initial count. I believe a full audit and hand recount is the only way to resolve this race.
— Anthony Brindisi (@ABrindisiNY) February 5, 2021
Brindisi, in a statament Friday evening, said he was "shocked and surprised" by the decision "because of the countless errors and discrepancies" with the vote count."
"I believe a full audit and hand recount is the only way to resolve this race." Brindisi said. "With the margin so thin, the ever changing tally, and the countless errors that have occurred arriving at today’s final number we can’t afford to wonder here. We have to get it right."
Democrats control the U.S. House with 221 seats, while Republicans have 211 seats. The 22nd Congressional District is one of three vacant seats, according to Congress’s website — the other two vacant seats are the result of a death and a January resignation.
