It's been nearly 3 months since Election Day, but the results of the race for New York's 22nd Congressional District are still hanging in the balance. Yesterday, appellate division Justice Patrick NeMoyer rejected Democrat Anthony Brindisi's request to halt a review of over 1,000 ballots ordered by state Supreme Court Justice Scott DelConte:
The review aims to determine if any of those ballots belong to voters who applied to vote on time via the state Department of Motor Vehicles. Those voters’ applications were never processed, rendering those people unable to vote on Election Day.
State Supreme Court Justice Scott DelConte last week ordered Oneida County officials to dig into the batch of ballots to see how many voters were disenfranchised through no fault of their own and to count the votes of people in that situation.
Attorneys for Brindisi on Friday filed an appeal to the Fourth Judicial Division to undo the order.
Brindisi’s attorneys are asking DelConte to count just 69 ballots from those voters, most of which are from Democrats. They argued in the appeal that DelConte does not have the jurisdiction to order Oneida County to fix its mistake and that a review of these ballots would take too much time and resources nearly three months after Election Day.
The Republican candidate Claudia Tenney points out the obvious — the Democrats are only in favor of cherry-picking the votes that will help them win:
Brindisi’s attempt to cherry pick ballots is rejected by appellate court. Our statement on the state of the race for #NY22. pic.twitter.com/6Us7yVIEG8— Claudia Tenney (@claudiatenney) January 26, 2021
New York is not the only place where controversy remains about the results of a House race. Democrat Rita Hart still has not dropped her federal election challenge to Rep. Mariannette Miller-Meeks' victory in Iowa's 2nd Congressional District. Rep. Miller-Meeks is already serving the people of Iowa Washington D.C. but has only been provisionally seated as a member of Congress due to Hart's challenge.
Last week, Dr. Miller-Meeks filed a Motion to Dismiss Hart's challenge.
Rita Hart chose politics over law!— Dr. Miller-Meeks (@millermeeks) January 21, 2021
She was wrong to do so and did a disservice to every Iowan who voted in this election.
The House of Representatives should follow their own precedents and dismiss her contest. #ia02 https://t.co/r0JANwW8ZJ
Marc Elias, attorney for Hart, called Dr. Miller-Meeks' motion "preposterous." The only thing preposterous about this situation is that Hart filed a challenge the election results in the first place.
House precedent shows that those who file contests should exhaust all remedies at the state level before filing a federal contest with Congress. A recount of the race was conducted, but Hart declined to challenge the election results in Iowa's court system prior to the certification of the results. House Committee on Administration Ranking Member Rodney Davis highlighted this point in a statement released last week in support of Dr. Miller Meeks' Motion to Dismiss:
The Committee on House Administration should immediately dismiss Hart’s request to overturn the people of Iowa’s Second District. It’s clear Hart does not have a case. Congresswoman Miller-Meeks’ dismissal clearly lays out why the committee should drop this complaint. All ballots in this race were regularly adjudicated through Iowa’s bipartisan and transparent recount process. In addition to this process, there was more than enough time for Iowa courts to review these votes, but Hart decided against the impartial court process and instead, has asked for House Democrats to use a partisan process to overturn a state-certified election. Rita Hart should have exhausted all state remedies before filing a federal contest. If Democrats are serious about unifying this country, overturning this election would do the exact opposite.
Davis: Miller-Meeks’ Dismissal Motion Shows House Admin Should Drop Complaint To Overturn Election Results ⬇️ https://t.co/heJee8dsg2— House Admin. Committee GOP (@HouseAdmnGOP) January 22, 2021
It is well past time for these elections to be finalized. The Democrats should admit the Republican won these two House seats.