Tedisco Gets Break From Judge, But Still Has Uphill Fight In NY-20 Litigation
Jim Tedisco, the GOP nominee in the disputed NY-20 special election, has just won a legal victory for now, with Judge James V. Brands reversing himself on a major ruling from last week, which had appeared to stop Tedisco in his tracks in his efforts to challenge absentee votes for Democrat Scott Murphy. But he still has a lot of work to do in overcoming Murphy's current 273-vote lead.
Brands had ruled last week that Tedisco and the GOP were not entitled to copies of the original absentee-ballot applications. Brands has now agreed with the Tedisco camp's arguments that the legal precedents he cited didn't truly apply here, and that the law does entitle Tedisco to those absentee applications.
Tedisco's camp has challenged a large number of unopened absentee envelopes that are presumably votes for Murphy, saying that these individuals are not genuine residents of the district or are otherwise ineligible. And those applications are key evidence, needed to even begin winning a challenge.
However, Brands also declined to issue a blanket ruling on what constitutes residency for voting purposes -- indeed, there is an acknowledgement that the issuing of a ballot by the local officials itself provides a presumption of regularity. As such, Tedisco will now have the ability to argue against counting ballots, but will have to do so on a case-by-case basis.




















"Pizza Stain" Brands strikes again.
Be on the lookout for more weaselly pro-Tedisco rulings from this judge. He'll do everything he can to overturn the will of the people.
April 22, 2009 12:07 PM | Reply | Permalink
No you can't. Oh wait, yes you can. Wait. No. Yes? No? Maybe?
WTF? I thought I knew the law. Now it turns out, I don't? Who IS this Brands idiot? A Republican tool?
Now that Tedisco can argue each ballot individually (effectively making each challenged ballot a separate legal case), this could go on indefinitely.
Which plays right into the Republicans hands. Remember, the goal is to keep the Murphy net total lead, BELOW the total outstanding challenged ballot total for as long as possible; thus, in theory, preventing Murphy form being able to declare victory and seated by the House.
Because once the Murphy net total lead rises ABOVE what's left to be counted, then the House will probably say there is no way Tedisco can win, and seat Murphy.
April 22, 2009 12:35 PM | Reply | Permalink
Yes, Brands is a Republican tool. He has a long history of pulling exactly this sort of crap, which is why Tedisco's challengs was files in Poughkeepsie. Tedisco and Brands are old friends and long-time conspirators.
April 22, 2009 1:38 PM | Reply | Permalink
I've seen this type of game before. The perpetrators keep playing until they steal an election right in front of everybody. Didn't work for Norm Coleman, hopefully won't work for Jim Tedisco.
April 22, 2009 2:00 PM | Reply | Permalink
Hopefully Pelosi will tolerate a lot less of these games than Reid before she just goes ahead and schedules a vote on seating Murphy. After all, she doesn't have to worry about filibusters.
April 22, 2009 2:36 PM | Reply | Permalink
I don't see how this helps Tedisco other than to delay by challenging the validity of absentees. If these are Murphy votes, and Murphy is already ahead, keeping out ballots doesn't help. Tedisco has to actually find votes somewhere.
April 22, 2009 3:24 PM | Reply | Permalink
You're thinking rationally. You've got to feel it.
1. Fight, Fight, Fight. That is the mandate Rush Limbaugh has laid down to the Republican Party. He's already accused the Republicans of just laying down to the Democrats over the last few years. And that stung the hell out of them.
2. NY-20 was supposed to be the beginning of the Republican Party comeback. If they lose, all hell will break loose at the RNC (Steele) and RNCC (Boehner/Cantor, etc). They HAVE to fight and try to win. The will of the people be damned. Or watch confidence in their leadership crater. This has as much to do with the current Republican leadership trying to survive, as it does anything else.
3. Delay, Delay, Delay. If you can't win, be as much of a thorn in the Democrats side as possible. Maybe they will get tired of it, make a huge mistake, and give you a political propaganda bonanza to work with.
So that's the deal. 1, 2, and 3 above, has little chance of success. But, what else do the Republicans have? What is there to lose? They can't go much lower than they are. And their base is demanding blood at all costs. So, why not?
April 23, 2009 6:45 AM | Reply | Permalink