A Bronx Supreme Court judge met with lawyers from the Board of Elections and the Rangel and Espaillat campaigns this morning as officials began counting absentee and affadavit ballots in downtown Manhattan, more than a week after primary elections in the 13th Congressional District.
Earlier this week, Martin Connor filed a lawsuit on the behalf of State Senator Adriano Espailliat against the BOE requesting a temporary halt to the counting process (which began as scheduled on Thursday morning).
Espailliat trails incumbent Representative Charlie Rangel by 802 votes, or about 2 percent – a much slimmer margin than that reported on election night, when Espaillat intitally conceded. In the meantime, the challenger also began hearing reports of voter suppression and other voting issues.
The first step for the Espaillat camp was to “compel the Board of Elections to engage in certain procedures to allow us to protest certain issues” in the future, according to Espaillat lawyer Leo Glickman.
Judge John Carter, who went out of his way to remind those present that he is both a resident and a voter in the district, agreed to require the BOE to preserve the ballots (by making copies) during the count. He also ruled that the court would need to certify the results before the BOE sends them to state.
Carter did not make a decision on the other voting irregularities Espaillat supporters alleged. Nonetheless, lawyers for the BOE and Rangel believe the court proceedings only serve to slow down the counting process.
“Congressman Rangel wants every legitimate vote to be counted,” said Arthur Greig, a lawyer for Rangel. “We want the Board of Elections to do their job without being hindered.”
Greig also criticized Espaillat for making “serious allegations of fraud for which there is no basis.”
Both sides are scheduled to meet again before Carter next Wednesday, July 11. The timing for Espaillat will be tricky. As a sitting state senator, he must file a petition for a spot on the September ballot for re-election by the following day.