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.)
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.