ALBANY—Judge James Brands just ruled that most of the over 1,200 contested absentee ballots in the race to replace Kirsten Gillibrand in Congress were objected to improperly based on discrepancies in their applications. This means many more ballots will be counted.
Henry Berger, an attorney for Democratic candidate Scott Murphy, argued this morning that these ballots should all be counted because boards of election already issued them. Any problems with those ballots – from an invalid reason for the request to a missing date – cannot be challenged because the determination was already made by elections officials to send them out.