Election lawyer claims faulty voting machines caused Democrat congressman to lose House race to GOP challenger
By Arsenio Toledo // Feb 09, 2021

A prominent Democratic election lawyer is claiming in court that faulty voting machines caused "irregularities" in a congressional race in upstate New York.


Marc Elias, an attorney and a partner at the international law firm Perkins Coie, made the argument in a court filing on Monday, Feb. 1, that challenged the result of the election for New York's 22nd congressional district.

Elias insisted that faulty voting machines misread several thousand votes that should have gone to Democratic Rep. Anthony Brindisi, who won the district in the 2018 midterms from the Republican incumbent Claudia Tenney. She mounted a second campaign in 2020 to retake her own seat and according to the Supreme Court of New York, she won by a razor-thin margin of 123 votes.

Tenney declared victory shortly after, but Brindisi has refused to concede, vowing to mount more electoral challenges.

Elias demanded that the court order a hand recount of every single ballot cast, claiming that there is "mounting evidence of significant irregularities in the tabulation of ballots."

Elias cites alleged discrepancies between votes that were counted by the ballot machines and votes counted by hand based on an earlier recount held in December that involved around 1,127 votes.

According to Elias, the hand count showed that Brindisi should have gotten nine more votes that the "faulty" voting machines were not able to register. He then extracted the error rate from this small recount and applied it to the more than 325,000 votes that were cast in the district to claim that Brindisi should have received as many as 2,599 more votes.

That figure far exceeded the margin with which Tenney supposedly won.

The veteran election lawyer also asserted that there were "procedural faults" with how the voting process was conducted. These faults allegedly failed to comply with New York state election law.

In one passage of Elias' statement to the court, he stated: "In this case, there is reason to believe that voting tabulation machines misread hundreds if not thousands of valid votes as undervotes, (supra at 4), and that these tabulation machine errors disproportionately affected Brindisi, (id.). In addition, Oswego County admitted in a sworn statement to this Court that its tabulation machines were not tested and calibrated in the days leading up to the November 3, 2020 General Election as required by state law and necessary to ensure that the counts generated by tabulation machines are accurate."

According to the Washington Times, the voting machines used in the congressional race were manufactured by Dominion Voting Systems. (Related: Adjudication feature in Dominion Voting Systems machines under scrutiny due to high tabulation error rates that funnel more votes to Biden.)

Tenney's victory set to be certified

The three-month ordeal in the only undecided House race in the country finally ended with Tenney set to be certified as the winner of New York’s 22nd Congressional District race.

State Supreme Court Justice Scott DelConte ruled on Friday, Feb. 5, that counties and the state elections board are to certify Tenney's victory. The judge ruled that Brindisi was not able to provide sufficient evidence that certifying Tenney would cause "irreparable harm," especially since the Democrat can still appeal the decision at the federal level.

DelConte previously ruled against Brindisi's effort at a recount, but he temporarily halted the certification to allow both sides to weigh in on a legal question regarding how Tenney could be seated in Congress while appeals are pending.

"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," said Tenney in a statement.

Brindisi is still not conceding the election. In response to the ruling, his campaign reiterated its demand for a "full audit and hand recount."

"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," he said in a statement. "We have to get it right. Because this is not a raffle, this is a congressional election."

Learn more about the ongoing and unresolved electoral challenges from the November election by reading the latest articles at VoteFraud.news.

Sources include:






Related News
Take Action:
Support NewsTarget by linking to this article from your website.
Permalink to this article:
Embed article link:
Reprinting this article:
Non-commercial use is permitted with credit to NewsTarget.com (including a clickable link).
Please contact us for more information.
Free Email Alerts
Get independent news alerts on natural cures, food lab tests, cannabis medicine, science, robotics, drones, privacy and more.

NewsTarget.com © 2022 All Rights Reserved. All content posted on this site is commentary or opinion and is protected under Free Speech. NewsTarget.com is not responsible for content written by contributing authors. The information on this site is provided for educational and entertainment purposes only. It is not intended as a substitute for professional advice of any kind. NewsTarget.com assumes no responsibility for the use or misuse of this material. Your use of this website indicates your agreement to these terms and those published on this site. All trademarks, registered trademarks and servicemarks mentioned on this site are the property of their respective owners.

This site uses cookies
News Target uses cookies to improve your experience on our site. By using this site, you agree to our privacy policy.
Learn More
Get 100% real, uncensored news delivered straight to your inbox
You can unsubscribe at any time. Your email privacy is completely protected.