The appeal decision could help the NY Assembly Dem extend the 1 vote lead over the GOP challenger

A state appeals court ruled Tuesday that 94 Queens voters must have an opportunity to “cure” their invalid ballots to be counted in the race for the convention, where Democratic incumbent Stacey Pheffer Amato will face GOP challenger Tom Sullivan only one vote.

The New York City Board of Elections is required to inform voters that, under a law enacted earlier this year, they can submit paperwork to have their ballots counted, so long as they confirm they cast them in the first place. after the three-way judgment.

“Each of the 94 mail-in ballots was received by the board with an unseal election confirmation envelope in a fully sealed outer mailing envelope. Therefore, the deficiencies under the electoral law were curable,” read the decision of the four-member panel of the Appellate Division of the Second Judiciary Department, based in Brooklyn.

Sullivan had argued that the votes should be discarded because of the unsealed inner envelope.

“They have been identified as having serious deficiencies and the law as I understand it, and as it is read, if they are identified as having serious deficiencies, they cannot be cured,” Sullivan told The Post on Tuesday ahead of the ruling that one previous Supreme State upheld court ruling.

He hopes a group of four more unsealed ballots — which he said came from two registered Republicans, one Democrat and one independent — could give him the two votes he needs to overtake the three-term incumbent , if the other 94 ballots remain sealed .

Stacey Pheffer Amato
Stacey Pheffer Amato is running for a fourth term in the assembly.

The court disagreed that an unsealed inner envelope was hardly a fatal voter error, given that the ballots arrived in a sealed outer envelope.

“The electoral law enforcement regulations issued by the New York State Board of Elections distinguish and clarify a ballot received in an unseal election confirmation envelope from a ballot that is in an unseal election confirmation envelope and received in a fully sealed outer mailing envelope that the latter “is treated like a ballot submitted without a confirmation envelope and is curable by the submission of the confirmation of healing,” the ruling said.

Sullivan said Tuesday night he was still deliberating whether or not to appeal the ruling to the Circuit Court of Appeals, weeks after his three-vote lead over Amato in a lawsuit began to dwindle.

“No amount of extreme rhetoric will stop us from ensuring that every valid vote is counted, and once again we are grateful to the courts for continuing to follow the law and ruling that these ballots can be cured and counted,” Matthew Rey, a campaign spokesman for Amato, said after the verdict.

Tom Sullivan looks at the camera in a room
Tom Sullivan has said he would either win or lose the election results.
Ryan Weak, The Wave

The pending election for Assembly District 23 representative, which covers the Rockaways, Howard Beach and Ozone Park, is one of three pending legislative races remaining up in the air more than a month after the Nov. 8 election.

Incumbent Senator John Mannion won just a few dozen votes in a race for a Syracuse-based district before a final vote confirmation.

Assembly Democrats, meanwhile, have scheduled a hearing for Dec. 21 to consider whether to recommend the entire chamber block Republican Lester Chang from holding a seat in the Brooklyn Assembly after reportedly moving his legal residency from Manhattan is.

Win or lose, Sullivan said Tuesday he would accept the results of his own race against Amato, despite lingering concerns over “voter integrity” in the recent Nov. 8 election and alleged fraud in the 2020 presidential election.

“I never used the word stolen. I don’t think it’s stolen. They just use the process better than we do,” he said. The appeal decision could help the NY Assembly Dem extend the 1 vote lead over the GOP challenger


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