Ridiculous - "Corwin granted court order barring certification of winner"

We've had some close and controversial elections in this country but this is not one of them.

How on earth can this be called a close election when there's a 4 point spread, well above the mandatory recount requirements which are less than 1% in most states? I'd love to see the New York state law that allows a local judge to do this.

What an outrage! Let every close election slide but allow a local judge to stop a 4 point victory, especially when the loser advocated dumping Medicare.

"On Tuesday, she captured 47 percent of the vote to Ms. Corwin’s 43 percent, according to unofficial results. A Tea Party candidate, Jack Davis, had 9 percent. New York Times, May 24

BuffaloNews.Com
Updated: May 24, 2011, 5:59 PM
http://www.buffalonews.com/incoming/article432430.ece

Jane L. Corwin this afternoon obtained a court order from State Supreme Court Justice Russell P. Buscaglia barring a certification of a winner in the special 26th Congressional District race pending a show-cause hearing before him later this week.

The Buffalo News obtained a copy of the show-cause order Buscaglia signed this morning based on a petition the Republican candidate filed Monday.

Under the judge's 11-page order, attorneys for Corwin have until Wednesday to serve copies of the court order on the election boards of Erie, Niagara, Genesee, Orleans, Wyoming, Livingston and Monroe counties, their sheriff's offices, the state Board of Elections and her three opponents.

Pending court proceedings before Buscaglia on Thursday at the earliest, the judge also impounded all voting equipment and enjoined the canvass of paper ballots "except as directed by this court" and "temporarily enjoined and restrained from certifying" the winner pending that court hearing.

NY State Election Law http://www.elections.state.ny.us/NYSBOE/download/law/2011NYElectionLaw.pdf
---------------
From WVIB.Com http://www.wivb.com/dpp/news/new_york/Voters-deciding-future-of-26th-District
Corwin's petition: http://wivb.lininteractive.com/documents/DOC052411.pdf
Court order to impound ballots: http://wivb.lininteractive.com/documents/DOC0524111.pdf

and they don't say what their complaint is. It is just based on "this is unfair, I lost, somebody must have cheated."?

This is really odd:

"Chris Grant, a spokesman for the Corwin campaign, said the court action "is very typical" in such close elections.

"We recognize the closeness of the race and we want to make sure that every legal vote is counted fairly and accurately," Grant said.

"Paul B. Wojtaszek, Buscaglia's law clerk, said such prospective court actions are permissible under the state's Election Law when a close vote is borne out by pre-voting polling."

"close vote borne out by pre-voting polling." 4 points is NOT close, not by recount standards.

I've got my doubts that any state would incorporate polling of any type in state election law, let alone local polling.


This is really fishy.

Staying tuned.


:hi:

Lord, and a judge that just takes general assertions about polling in filing. This is the "reverse
psychology rigging" technique. Come up with something from left field and make it doctrine.


Here are the filing times -

Here's the time stamp on the petition. Looks like am to me, has to be really
Link: http://wivb.lininteractive.com/documents/DOC052411.pdf



Here is the beginning of the judges order. He accepted all of the asserted evicence, including polling, from the petition at 11:01 and just issued an order. Link for this and below: http://wivb.lininteractive.com/documents/DOC0524111.pdf



And here's his signature. We don't know what the timing is on this from the document. There is no apparent time stamp. BuffaloNews.Com says that their people saw this and that story is the one above, 5:59pm EDT today.



(Note: The BuffaloNews.Com article ends with "A copy of the court order was filed in the Erie County Clerk's Office at 11:01 a.m. today. Hochul is Erie County clerk." That time is the time that the PETITION was filed. The petition from Corwin generated the later ORDER.)

http://tinyurl.com/3uzakt8

Hochul was up by 4 points in a Sienna poll 4eleased on the 21st. She was up 6 points on a Public Policy Polling survey released the next day. That's consistent with the outcome.

What evidence was the judge looking at?

as the winner in 2004, eh? :eyes:

Aside from looking like an idiot.

"A copy of the court order was filed in the Erie County Clerk's Office at 11:01 a.m. today. Hochul is Erie County clerk."

This is from the article. 11:01. So she concedes at 10 am, then files an order an hour later.

It's fair to assume that she knew that the order was being prepared or that it was being worked up,
without her knowledge (unlikely), at the time she conceded.

She conceded tonight.

:WTF:

And I read that it was a 6 point spread

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x1168862

The candidates concession has no legal basis, it's just, 'Hey, I'm done." But this is duplicitous.

<Concession at 10 PM - correction>

The main point is, Medicare is the third rail, touch it and vanish!

The court order had been obtained earlier than the concession.

I don't think you are reading the other poster's posts closely enough, she conceded at 10PM. The concession came AFTER the legal maneuver, not before as you are indicating.

This is what I said...the court order had been obtained earlier than the concession.

I wonder where the newly found previously uncounted votes will come from this time. Especially enough to cover a six percentage point spread.

This should be very entertaining. While Republican assholes complain about the judiciary usurping legislative functions they use the judiciary to usurp legislative elections.

As if by magic, a bag of votes will turn up... and guess who comes from behind.

That's certainly one of the tricks available. My favorite is the Judge who woke up from a dream
in the Sigelman loss for governor. He realized that there are uncounted votes hidden in Baldwin
County, had it checked out, and voila! Victory.

Your second sentence is precise. It all depends on whose ox is being gored.

just sayin'

Hon. Russell P. Buscaglia
Erie County Supreme Court
25 Delaware Avenue
Buffalo, NY 14202
(716) 845-9435
Judicial Offices
Judge, Court of Claims, Appointed by Governor George E. Pataki, 1997-2006; re-appointed, 2006 to 2015
http://www.nycourtsystem.com/Applications/JudicialDirectory/Bio.php?ID=7027865

...Henry Wojtaszek is the former chairman of the Niagara County Republican Party. The court filing yesterday morning was fully anticipated by the Board of Elections; they were already prepared to impound the machines.

of their divine right to rule the rest of us!

:eyes: :puke:

For example, the disparity in treatment between Edwards v. Ensign.

And worse.

Condit v. Scarborough for example.

...these guys are the worst cheats ever.