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About That Tedisco Filing...

The blogosphere has been abuzz about a reported filing by Republican Congressional candidate Jim Tedisco, asking to be declared the winner in the NY-20 special election. Does the filing really say that he should be declared the winner, notwithstanding the fact that he's down in the count?

Not exactly. I've now had the chance to look through the filing, and what it really does is formally state Tedisco's goal of being declared the winner -- after all, you can't go to court without some kind of specified goal -- and then it goes into the various complaints that Tedisco has, mainly relating to challenges against Murphy voters as being allegedly ineligible to vote in the election.

The Tedisco campaign clarified to The Hill that this filing was made in order to establish Tedisco's legal standing, as an "insurance policy" against questions about the standing of the local party officials who first challenged the election before the polls even closed.

So make no mistake that Tedisco is contesting this result -- but that's not news, as the litigation has been going on literally since Election Day. This latest filing is just one more procedural step along the way.

Late Update: The document is available here, including the judge's order for the parties to respond in court at Monday's scheduled hearing.


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I've now had the chance to look through the filing,

Kleefeld RULZ!

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Second that!

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Third that!

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Third that!

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Here we go again...

At least there's little impact on the House Democrats' majority unlike the situation in the Senate.

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The only thing that will matter is the final vote count. Which will most assuredly go Murphy's way given everything we already know.

As Orlando Bloom said in front of Jerusalem in "Kingdom of Heaven":

"LET THEM COME!!!!"

The more they challenge the final vote count, and the will of the voters, the more bridges they burn behind themselves. NY-20 will wind up blue for many cycles to come because of the Republicans idiotic drive to marginalization.

"LET THEM COME!!!!"

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What! They only have until Monday to respond? But the Yankees are playing every day.

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There's a serious flaw in TPM's "this is normal and not newsworthy" take on the situation.

The Election Law in New York State, as elsewhere, provides for a sane and orderly process for counting votes, including in close elections. The normal course is to allow that process to play out, and only *then* go to court if a candidate feels they have been aggrieved.

In short, there was no need for Tedisco to either prematurely file suit in Poughkeepsie before the voting began.

Yet TPM is accepting as normal and unremarkable the idea that candidates should file to contest an election *before a single vote is cast.* Why did Tedisco do so? In order to push any potential election dispute into a friendly court.

That is precisely what Tedisco did.

It's not usual, and it's not right.

Now Tedisco's filing *again* because his lawyers screwed up the initial filing. This indeed is worthy of comment and outrage, because the initial offense was a heavyhanded and slimy move.

TPM is, no doubt unintentionally, condoning a practice which would, if it spreads, become a real cancer on the electoral process.

Bottom line: Unless we want all future elections in this country to feature a prematurely-filed lawsuit in advance of any votes being cast, this practice should be decried.

Do we think it's un-newsworthy and unimportant when a candidate tries to gain a leg up on an election through heavy-handed legal maneuvers such as judge-shopping?

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Here's a more detailed review I just posted at The Albany Project of the broader implications of the Tedisco legal strategy:

http://thealbanyproject.com/diary/6289

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