New York 23rd Assembly District Ballot Counting Challenge

Lawsuit filed by Stacey Pheffer Amato, the Democratic candidate for the 23rd Assembly District, against Thomas Sullivan, the Republican candidate for the 23rd Assembly District, requesting a recount of the ballots cast in the 23rd Assembly District election held on Nov. 8. The difference in the race is currently one vote. The plaintiff brought this request to “have the Court rule on the casting and canvassing of improper votes, or the refusal to cast and canvas proper votes, and other protested and challenged ballots of whatever kind.” The plaintiffs allege that “numerous unopened and/or non-scanned ballots and/or mis-scanned ballots remain uncanvassed or uncounted, and the canvass of or counting of such ballots may determine the outcome of this election.” The plaintiffs request a court order “determining the validity of all ballots cast,” a hand count of all ballots and ordering the Board of Elections to allow voters to cure deficiencies with their absentee ballots. 

On Dec. 6, a New York trial court ruled “that the Board is directed to cast and count the ninety-four (94) absentee ballots” and “that the Board is directed to cast and count the four (4) affidavit ballots which were mistakenly marked as invalid.” The order also ordered the Board to  review an affidavit ballot and that “other relief not expressly granted herein is denied.” Sullivan appealed the decision. On Dec. 14, a New York appellate court modified the lower court’s order and required the Board of Elections to notify each of the 94 voters whose absentee ballots were rejected for the unsealed ballot envelope or because the ballot was not in a ballot envelope so that the voters have an opportunity to “cure” their ballots. On Dec. 22, a New York trial court ruled “that the Board is directed to cast and count the ballots designated as Exhibits A, B, D, G, H, I, J, K, L, O, and P ” and the remaining affidavit ballots and absentee ballots which were cured. Pheffer Amato won the recount by 15 votes and was sworn in on Jan. 9, 2023.

Last updated: January 13, 2023 12:48 pm EST