Instagram

Bronx Judge: BOE Must Preserve Ballots, Get Certification From Court For NY-13 Result

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.

Welcome to the Norwood News, a bi-weekly community newspaper that primarily serves the northwest Bronx communities of Norwood, Bedford Park, Fordham and University Heights. Through our Breaking Bronx blog, we focus on news and information for those neighborhoods, but aim to cover as much Bronx-related news as possible. Founded in 1988 by Mosholu Preservation Corporation, a not-for-profit affiliate of Montefiore Medical Center, the Norwood News began as a monthly and grew to a bi-weekly in 1994. In September 2003 the paper expanded to cover University Heights and now covers all the neighborhoods of Community District 7. The Norwood News exists to foster communication among citizens and organizations and to be a tool for neighborhood development efforts. The Norwood News runs the Bronx Youth Journalism Heard, a journalism training program for Bronx high school students. As you navigate this website, please let us know if you discover any glitches or if you have any suggestions. We’d love to hear from you. You can send e-mails to norwoodnews@norwoodnews.org or call us anytime (718) 324-4998.

Like this story? Leave your comments below.