A closely contested Republican primary for New York’s 22nd State Senate District has entered a legal dispute as the New York City Board of Elections is asking a Kings County Supreme Court judge to dismiss a lawsuit before it finishes counting ballots, according to AMNY.
Unofficial election-night results show Nachman Carl Caller leading Bernard Vaiselberg by seven votes, 513 to 506. The Board of Elections has not declared a winner and expects to certify the results on July 14.
The Board of Elections is continuing to canvass absentee, affidavit and other eligible ballots, while voters have until July 10 to cure eligible mail ballots. Court filings show there were also 39 blank ballots, 16 void ballots and 151 write-in votes recorded in the contest.
“Currently, the Board is in the process of canvassing all ballots for the Republican Primary contest in Senate District 22,” said Kendra Elise Riddleberger, an assistant corporation counsel representing the Board of Elections. “As such, no winner has been declared.”
Vaiselberg sued seeking a full manual recount, preserving election records, observer access to the canvass and a delay in certification. The Board argues the lawsuit is premature because the canvassing process is still underway.
Caller has also asked the court to dismiss the petition while acknowledging that a manual recount may be required if the final certified margin remains within the threshold set by state election law.
The race is significant because it will determine the Republican nominee in a district that includes Borough Park, Midwood, Homecrest, Gravesend, Sheepshead Bay and Marine Park. The winner will face Democratic state Sen. Sam Sutton in the general election, making the final count important for voters in one of Brooklyn’s most closely watched legislative races.
Vaiselberg also alleges ballots from a polling place in the 45th Assembly District were missing from unofficial returns because of a scanner problem. The Board disputes that claim, saying no emergency voting procedures were used and all voting machine memory sticks were read during the canvass.
A judge has ordered that observers may watch the ballot count from four feet away while the canvass continues.
The Board of Elections will complete the canvass before certifying the results. If the final margin remains 20 votes or fewer, state election law requires a manual recanvass before the court considers any remaining legal challenges.
